AJ 025 Lecture Notes - Lecture 28: Natural Person, Roberts Court, Exclusionary Rule
2 Oct 2020
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The fourth amendment prohibits unreasonable search and seizure without a. There are several situations where law enforcement does not need a warrant. This doctrine means that the police can search a field even if there are no trespassing signs because the accused cannot expect privacy in an open field (hester v. united states 1924) Automobiles are mobile and require special rules. Court is usually lenient on automobile searches due to the balance between public interest and the detained individual"s right of security. Law enforcement can now just have reasonable suspicion of criminal activity to stop a car whereas the court used to required a higher standard called probable cause. Drivers do not have a right to object to drug testing if there is an accident. If driver is arrested he will be requested to give a specimen of his blood or breath and he can refuse but will face consequences.
