QST LA 245 Lecture Notes - Lecture 3: Fifth Amendment To The United States Constitution, Fourth Amendment To The United States Constitution, Exclusionary Rule
Document Summary
Prohibits the government from making illegal searches and seizures of individuals and corporations. Police must first obtain a warrant before conducting a search. Warrant = written permission from neutral official. Issued upon a finding of probable cause -- it is likely that evidence of a crime will be found in the place to be searched. Even a search with a warrant can still violate the 4th amendment if: There was no probably cause to issue warrant. The warrant doesn"t specify the place to be searched and things sought. The search extends beyond what is specified in the warrant. The warrant was issued by a non-neutral magistrate/judge. There are 7 circumstances under which police may search without a warrant. Dog sniffed the car even though he said no and the dog still sniffed the car and they found meth in his car. The court ruled that the finding of meth is illegal because he didn"t consent to the search.