CRIM 100 Lecture Notes - Lecture 6: Deadly Force, Exclusionary Rule, Affidavit
Document Summary
Search: an examination of person or property that seeks to identify physical evidence. 4th and 5th amendments are most important to police. Consent: waiver of 4th amendment protection. Person allows search to happen without a warrant. Plainview: evidence is viewable in plain sight. If the police are in a place where they can legally be: example: underage drinking. Cops in shops: of age friend goes in store to buy alcohol and 16 year old stays in car. Police and pull them over with probable cause. Warrant: police officer creates a search warrant application that includes an affidavit of probable cause. Must be specific, but not too specific. Must be reasonable, fits the facts of the case. Warrantless: times no warrant is needed, for the greater good of others, incident to an arrest, exigent circumstances, automobiles. Vehicles are mobile and evidence is removable. Arrest of driver, search of passengers: stop and frisk. Illegally obtained evidence may be banned from trial.
