CJ 300 Lecture Notes - Lecture 1: Affidavit

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Document Summary

There was a drug plan between florida to illinois. The police got an anonymous letter from someone that two people sue and lance gates is going to do this. Police had a search warrant and found weapons, drugs and other things in the person"s house and his car. The illinois supreme court upheld the lower court"s ruling that the search was unlawful. The court held that the anonymous letter and the police detective"s affidavit outlining the police investigation did not support the necessary probable cause needed to obtain the search warrant. Court reasoning: the court held that statements corroborated by an unknown informant can provide sufficient probable cause, satisfying the fourth amendment. Government action + search/seizure + constitution of private area = 4th amendment (all three things need to be there in order for the 4th amendment to work) Unreasonable search and seizure: ones that are reasonable, ones that are probable cause.

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