CRJU 203 Lecture Notes - Lecture 2: Search Warrant, Exclusionary Rule
3 Oct 2016
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4th amendement constitution is trying to protect our individual freedom, freedom of privacy, property, seizures (taking your stuff). Protect us so we can feel secure in our homes from excess government, excess control of law enforcement. Probable cause is facts that would lead a prudent (reasonable) person to believe that sizeable items are in a particular place. Probable cause can be established by hearsay or an informant (witness). Doesn"t have to be a cop that sees it. (someone saw you smoking in your apartment. They have probable cause and could get a warrant) Sometimes evidence is seized illegally without a search warrant. Illegally seized items can now possibly be excluded from trial because your rights were violated. Something has to be seized and seized illegally for exclusionary rule. This can apply to any law enforcement officer. The defense can introduce this evidence in trial. A person that gives information and works with gov. becomes a gov. official.
