Protective Search Cases
Being in a home does not constitute privacy, such as a repairman on the job fixing your appliances
Minnesota v. Carter (1998)
What amendment protects against unreasonable searches and seizures?
4th amendment
What is writ of certiorari
A request for review from higher court asking lower court for records
Most police searches are done with out without a warrant?
Without
how many bones does a shark have
zero
Both resident of a home must consent to a search
Georgia v. Randolph (2006)
A warrant or probable cause
What is the Fruit of the Poisonous Tree Doctrine
Prevents the use of any evidence that comes from illegal search even if it was found later
What case ruled that without a warrant, when an arrest is made, officers may only search the arrestees span of control.
Chimel v. California (1969),
what does www stand for in a website address
world wide web
Officers may not detain someone who is away from their home when a search is being conducted, unless there's a search warrant
Baily v, U.S. (2013)
Can illegally seized evidence be used in court?
No
What case created The Fruit of the Poisonous Tree Doctrine
Silverthorne Lumber Co. v. U.S.
What homes aren't protected by the 4th Amendment
All homes are protected by the 4th Amendment
what gets wetter the more it dries
a towel
Aiden and Uriel live in a shared home. Officers ask to search our home. Uriel agrees, Aiden doesn't. Are the police allowed to search our home if they don't have a warrant?
What does the Exclusionary Rule discourage officers from doing?
Conducting searches without proper warrants
With due process and The Fruit of the Poisonous Tree Doctrine what problem did it create
allowed some guilty individuals to go free due to improperly obtained evidence
The claim of privacy depends on whether person who makes the claim has a ________ ______ __ _________.
Legitimate expectation of privacy
what has to be broken before you use it
an egg
No, as since you aren't in you're home, you cannot be detained unless they also have an arrest warrant.
What does it ensure?
Ensures police follow constitutional procedures
What happened in the Silverthorne Lumber Co. v. U.S. case
Federal agents illegally search silverthorne lumber company without a proper warrant and agents took documents illegally and tried to use it in court
If an officer arrests someone in their living room, may they search their bedroom without a warrant? Why or why not?
No, because their bedroom is not in the span of control of the person arrested.
what only food that never spoils
honey
ain't that right honey ;)