PSC 2302 Lecture Notes - Lecture 30: Fourth Amendment To The United States Constitution, Hot Pursuit, Exclusionary Rule
6 Dec 2016
School
Department
Course
Professor
Document Summary
It protects peoples not places: katz v u. s, they lost (us) they needed a warrant to listen to his conversation so the court applied the exclusionary rule. Requirements: be sworn before a judge, checks and balances. Police- executive branch: describe the place to be searched and the person or thing to be seized, do some homework, be issued with a probable cause. It is a practical nontechnical conception, whether a reasonable person would think that a crime has been committed or evidence of a crime is likely to be discovered. Again this came from cases that uses the reasonable person test: think about in what way the government has a compelling interest. Both of these interest do not need to be met at the same time. There is no such thing as an unlimited right so there are exceptions: warrant exceptions, hot pursuit.
