Chapter 11 The fourth Amendment and Search and Seizure
The Fourth Amendment protects a person from unreasonable search and seizures
What is a search and seizure?
Using binoculars to view a backyard, searching a trunk of a car, obtaining consent, entering a home to locate an abused child or conducting a probation search.
There is no search when officers view license plate information and access a computer database. License plates are located on a vehicle's exterior, in plain view of all persons. They are used to carry information about the vehicle to law enforcement.
A seizure is the holding or taking of a person, or object through the use of physical force. A seizure occurs when government interferes with an individual freedom of moving from place to place. Making an arrest, detention, impounding a vehicle for forensic purposes or holding a person and obtaining blood samples in a DUI arrest situation.
The exclusionary rule and its application to government officials.
No person shall be deprived of life, liberty or property without due process of law.
It protects reasonable exepctions of a person right to proivacy
It deters the police from engaging in unconstitutional conduct
What is a search and seizure?
Using binoculars to view a backyard, searching a trunk of a car, obtaining consent, entering a home to locate an abused child or conducting a probation search.
There is no search when officers view license plate information and access a computer database. License plates are located on a vehicle's exterior, in plain view of all persons. They are used to carry information about the vehicle to law enforcement.
A seizure is the holding or taking of a person, or object through the use of physical force. A seizure occurs when government interferes with an individual freedom of moving from place to place. Making an arrest, detention, impounding a vehicle for forensic purposes or holding a person and obtaining blood samples in a DUI arrest situation.
The exclusionary rule and its application to government officials.
No person shall be deprived of life, liberty or property without due process of law.
It protects reasonable exepctions of a person right to proivacy
It deters the police from engaging in unconstitutional conduct
