Important 4th Amendment issue of search and seizure and the requirement of warrants.
The textbook discusses the very important 4th Amendment issue of search and seizure and the requirement of warrants. While warrants are so vital, most searches and arrests occur without a warrant. This does not mean that these searches or seizures are illegal, however; it simply means that the search or seizure met an exception to the warrant requirement.
The five general exceptions to the search warrant requirement are:
Consent Search
Plain View
Search Incident to Lawful Arrest
Motor Vehicle Search
Exigent Circumstances (includes Hot Pursuit & Emergency Search)
There are other exceptions, not just these 5; some others include “Special Needs” searches like school searches, airport searches, border searches, abandoned property, and open fields searches. For the purposes of an introductory course, let’s just focus on the first 5 for now.
For this discussion, choose one of the five exceptions to the search warrant requirement provided above and create a 1-2 paragraph in length explanation of what the exception actually is and what the rules or factors are relating to the exception. Then, you will find a case law example that relates to the exception you chose. You will then provide a brief summary of the case law and circumstances of the search, and what the appellate court decision was.
For example, in the motor vehicle exception, the case Arizona v. Gant, 556 US 332 (2009) set forth some requirements for a warrantless search of a vehicle and what circumstances do not allow the search.
Just like assignments, discussion posts require any sources used to be cited. Students cannot successfully complete this assignment without looking up information, so every student must cite their sources in a reference list with their post. Failing to cite sources, just like with an assignment, will result in a zero grade.
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