Search and Seizure Notes Law America

Chapter 12 (Search and Seizure) Notes

* The Fourth Amandment to U.S Constitution says the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon propable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

* Search Warrant is a cour order obtained from a judge who is convinced that there is a real need to search a person or place.

* Affidavit is a sworn statement of facts and circumstances that provides the probable cause to believe that a search is justified.

* Searches without a warrant may be legally conducted as these cases 1) Search incident to a lawful arrest, 2) Stop and frisk, 3) Consent, 4) Plain view, 5) Hot pursuit, 6) Vehicle searches, 7) Emergency situations, and 8) Border and airport searches.

* Interrogate should be taken place after an arrest is made and before accuse the defendant.

* Self-incrimination means that a suspect has a right to remain silent and cannot be forced to testify against himself or herself.

* The Fifth Amandment to U.S Constitution says no person . . . shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty, or property, without due process of law.

* The Sixth Amandment to the U.S Constitution says in all criminal prosecutions, the accused shall . . . have the assistance of counsel for his defence.

* Exclusionary rule is when the court finds that the search was unreasonable, then evidence found in the search can not be used at the trial against the defendant.

* Arrest takes place when a person suspected of a crime is taken into cutody.

* Arrest warrant is a court order commanding that the person named in it be taken into custody.

* Probable cause is defined as a reasonable belief that a person has committed a crime.