Case Law: Fourth Amendment Pt'2

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Case LawFourth Amendment(Pt.2)
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I. Warrantless Searches, Seizures

• Permitted When

- Incident to a valid arrest
- Evidence might be otherwise lost
- Consent is given
- Need for safety
- In hot pursuit
- Things are in plain view
- See p. 494-502

• Particular Limits in Each Scenario

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II. Of Persons

• Stops

• Arrests

• Terry v. Ohio (1968)

- Police action? With warrant?
- Incident to an arrest
Was Terry searched after or before full arrest?
- Polices legitimate investigative function
- Concern for safety
Of officer himself, of others
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III. The Exclusionary Rule

• Evidence Indicating Criminality

• Obtained by Unreasonable Search

- Beyond even Courts permissions (Slide 1)

• Judicial Rule about Evidence

- Collection (by police), use (by prosecutors)

• A Kind of Remedy

- Overturning (some) convictions

• Evolution of the Exclusionary Rule

- From Weeks to Mapp and beyond
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IV. Limits on Exclusionary Rule

• Controversy of the Exclusionary Rule

• U.S. v. Leon (1984)

- Contested warrant
- Who decides probable cause?
What does Court say about judges?

• Hudson v. Michigan (2006)

- Procedure before entering (with warrant)
- What is the minimum? Why?
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