Searches and Seizures

Searches without a warrant

A lawful arrest is considered reasonable, a “grab area” search

Stop and frisk, suspicious behaviors, the “plain feel” exception

Border and airport searches, probable cause, protection of citizens

Consent, voluntarily agrees to search without probable cause or Warrant, some situations may call for consent to search another; such as a parent or guardian giving permission to search a child

Vehicle searches, probable cause that a vehicle may contain contraband

Plain view, object connected with a crime in in plain sight

Hot pursuit, no Warrant needed to enter a building that a suspect has entered

Public School Searches

U.S Supreme Court granted the search of students and possessions. Must be reasonable suspicion to be searched. Lockers are school property not covered by the 4 amendment.

New Jersey v.s TLO- Two girls caught smoking in the bathroom, Teachers searched backpack and found drugs, TLO thought it violated her rights, final ruling was that the school had a good reason to search her so the evidence could be used in court

Suspicionless Searches

No Individualized suspicion of wrongdoing calls attention to the possibility of an unreasonable search

Michigan Dept. of State Police v. Sitz, Supreme Court determined that properly conducted sobriety checkpoints are constitutional, though some states have determined that such checkpoints in fact violate their state constitutions and have banned them.

Racial Profiling in Police Investigations

The inappropriate use of race as a factor in identifying people who may break or have broken a law

Violation of people's constitutional right to equal protection before the law as well as the presumption of innocence

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