CRJU 3315 Lecture 3: Crim Pro Ch 3
Document Summary
Seizures: types of evidence involved in search and seizure, instrumentalities of crime. Items used to carry out crime (i. e, firearms: fruits of a crime. Prohibited substances (i. e, drugs: evidence of criminal activity. Anything linking a suspect to a crime: incriminating statements. Statements overheard during electronic surveillance: (cid:498)unreasonable(cid:499) searches and seizures, four constitutionally protected areas. Effects (cars, clothing: steps in analyzing a 4th amendment search and seizure, exclusion from evidence. May the item be introduced in court: definition, was the search or seizure done by definition according to the 4th amendment, reasonableness, was the search or seizure reasonable, that is, lawfully conducted, expectation of privacy, physical intrusions. For an intrusion to occur, there must be an actual physical entry into the home or physical examination of an individual or his or her papers or possessions: scope of protection. Persons, houses, papers, and effects are protected: katz test. Subjective; individual exhibits a personal expectation of privacy.
