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C H A P T E R 3 Essential Fourth Amendment Doctrines 105 CHAPTER OUTLINE THE SEARCH WARRANT Search Warrant Values: A Neutral and Detached Magistrate Obtaining a Search Warrant Particularity The Intersection of the First, Fourth, and Fifth Amendments Anticipatory Warrants and Controlled Deliveries Challenging a Search Warrant Affidavit Executing a Search Warrant: Knock and Announce Inventory and Delayed Notice; “Sneak and Peek” Warrants Deadly Errors REVOLUTIONIZING THE FOURTH AMENDMENT Modernizing Search and Seizure Law Creating the “Expectation of Privacy” Doctrine Applying the “Expectation of Privacy” Doctrine Undercover Agents and the Fourth Amendment PROBABLE CAUSE AND THE FOURTH AMENDMENT The Concept of Evidence Sufficiency Defining Probable Cause Probable Cause Based on Informers’ Tips Conservative Revisions PLAIN VIEW AND RELATED DOCTRINES Plain View Curtilage and Open Fields Airspace Enhancement Devices CONSENT SEARCHES Voluntariness Requirement Knowledge of One’s Rights Third-Party Consent Scope of Consent “Knock and Talk” LAW IN SOCIETY: POLICE PERJURY AND THE FOURTH AMENDMENT SUMMARY LAW PUZZLES JUSTICES OF THE SUPREME COURT: ROOSEVELT’S LIBERALS: DOUGLAS, MURPHY, JACKSON, AND RUTLEDGE William O. Douglas Frank Murphy Robert H. Jackson Wiley B. Rutledge Power is a heady thing; and history shows that the police acting on their own cannot be trusted. And so the Constitution requires a magistrate to pass on the desires of the police before they violate the privacy of the home. —JUSTICE WILLIAM O. DOUGLAS, McDonald v. United States, 335 U.S. 451, 456 (1948) M03_ZALM7613_06_SE_CH03.QXD 1/11/10 3:03 PM Page 105 R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U 106 Chapter 3 KEY TERMS anticipatory warrant beeper consent search constitutionally protected area controlled delivery curtilage enhancement device exigency ex parte expectation of privacy industrial curtilage inventory and return “knock and announce” rule magistrate media ride-along neutral and detached magistrate no-knock warrant open fields plain feel rule plain view plurality opinion probable cause reasonable suspicion secret informant “sneak and peek” warrant telephonic warrant thermal imaging two-pronged test undercover agent This chapter presents five basic areas of Fourth Amendment law: (1) the search warrant, (2) the ‘expectation of privacy’ doctrine, (3) probable cause, (4) the plain view doctrine, and (5) consent searches. Although in practice most searches are conducted without a warrant (i.e., are “warrant- less”), the Fourth Amendment presumes that judicial search warrants are essential for preserving the privacy protections of the people. The expectation of privacy doctrine, established in 1967, is now the theoretical backbone of Fourth Amendment analysis. Probable cause, the level of evi- dence required by the Constitution before government agents can invade individual privacy, is the required basis for arrests and searches and seiz ...
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Chapter 13: Interrogation, Electronic Surveillance, and Other Police Practices 471 # 151053 Cust: Cengage Au: Hall Pg. No. 471 Title: Criminal Law and Procedure Server: __________________ K Short / Normal DESIGN SERVICES OF S4-CARLISLE Publishing Services confessions, and admissions to prove guilt is controversial. The United States Supreme Court has recognized that admissions are highly suspect when relied upon alone to obtain a confession. The Court stated, in Escobedo v. Illinois (1964),4 that a “system of criminal law enforcement which comes to depend on the ‘confession’ will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence independently” obtained through other law enforcement practices. At common law, confessions and admissions could be used freely, as long as they were made voluntarily. The early basis for excluding involuntary confessions was the Due Process Clauses of the Fifth and Fourteenth Amendments.5 Eventually, federal defendants could seek to have confessions suppressed if they were not taken before a mag- istrate promptly after arrest. This was known as the McNabb-Mallory rule, named for two Supreme Court cases.6 The rule was not constitutionally based. Instead, the Court announced the rule in its supervisory role over the nation’s federal courts. While the rule of quick presentment of arrestees to judges had existed at common law and had been codified by Congress, there was no remedy for violations. Accordingly, the Court held that confessions that occurred after unreasonable delays should be excluded. Congress re- acted to McNabb-Mallory and Miranda by enacting a statute that permits the admission of a confession so long as it was voluntarily given. Another section provides that regardless of any delay in presenting a suspect to a judge, a confession shall be admitted if obtained within 6 hours of arrest. In Corley v. United States, 556 U.S.—(2009) it was held that if there is a delay in presenting a suspect to a judge longer than 6 hours, the old McNabb- Mallory exclusionary rule applies if a delay is found to be unreasonable. Today, interrogations, confessions, and admissions are governed by these rules, as well as two broader rights: the Fifth Amendment right to be free from self-incrimina- tion and the Sixth Amendment right to counsel. Miranda By virtue of popular television and films, the Supreme Court case Miranda v. Arizona, or at least the “Miranda” warnings that are a product of that case, is one of the best known judicial decisions of our time. [The Supreme Court consolidated appeals from several individuals who had been convicted at trials where their confessions were entered into evidence. Ernesto Miranda, for whom the case is named, was arrested for rape and kidnapping. He was interrogated at a police station. He was not advised of his constitutional rights, he never requested to see .
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The Fourth Amendment Explained
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Chapter 6 power point
Lesson 31
Lesson 31
Lesson 31
Lesson 31
Lesson 31
Lesson 31
Chapter 13 Interrogation, Electronic Surveillance, and Other .docx
Chapter 13 Interrogation, Electronic Surveillance, and Other .docx
Lesson 33
Lesson 33
Constitutional Issues - Chapter 7
Constitutional Issues - Chapter 7
Mais de rharrisonaz
Ch01(1)
Ch01(1)
rharrisonaz
Ch02(1)
Ch02(1)
rharrisonaz
Ch03(2)
Ch03(2)
rharrisonaz
Ch04(1)
Ch04(1)
rharrisonaz
Ch05(1)
Ch05(1)
rharrisonaz
Ch06(1)
Ch06(1)
rharrisonaz
Ch07(1)
Ch07(1)
rharrisonaz
Ch09(1)
Ch09(1)
rharrisonaz
Ch10(1)
Ch10(1)
rharrisonaz
Ch11
Ch11
rharrisonaz
Ch03
Ch03
rharrisonaz
Ch02
Ch02
rharrisonaz
Law 206 Ch. 7 - Contract Provisions
Law 206 Ch. 7 - Contract Provisions
rharrisonaz
Law 206 Ch. 6 - Contractual Intent
Law 206 Ch. 6 - Contractual Intent
rharrisonaz
Law 206 Ch. 4 - Consideration
Law 206 Ch. 4 - Consideration
rharrisonaz
Law 206 Ch. 3 - Acceptance
Law 206 Ch. 3 - Acceptance
rharrisonaz
Law 206 Ch. 2 - Offer
Law 206 Ch. 2 - Offer
rharrisonaz
Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 1 - Overview of Contracts
rharrisonaz
Law 206 Ch. 11 - Remedies
Law 206 Ch. 11 - Remedies
rharrisonaz
Law 206 Ch. 10 - Discharge of Obligations
Law 206 Ch. 10 - Discharge of Obligations
rharrisonaz
Mais de rharrisonaz
(20)
Ch01(1)
Ch01(1)
Ch02(1)
Ch02(1)
Ch03(2)
Ch03(2)
Ch04(1)
Ch04(1)
Ch05(1)
Ch05(1)
Ch06(1)
Ch06(1)
Ch07(1)
Ch07(1)
Ch09(1)
Ch09(1)
Ch10(1)
Ch10(1)
Ch11
Ch11
Ch03
Ch03
Ch02
Ch02
Law 206 Ch. 7 - Contract Provisions
Law 206 Ch. 7 - Contract Provisions
Law 206 Ch. 6 - Contractual Intent
Law 206 Ch. 6 - Contractual Intent
Law 206 Ch. 4 - Consideration
Law 206 Ch. 4 - Consideration
Law 206 Ch. 3 - Acceptance
Law 206 Ch. 3 - Acceptance
Law 206 Ch. 2 - Offer
Law 206 Ch. 2 - Offer
Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 11 - Remedies
Law 206 Ch. 11 - Remedies
Law 206 Ch. 10 - Discharge of Obligations
Law 206 Ch. 10 - Discharge of Obligations
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Python Notes for mca i year students osmania university.docx
Ramakrishna Reddy Bijjam
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Fostering Friendships - Enhancing Social Bonds in the Classroom
Fostering Friendships - Enhancing Social Bonds in the Classroom
Pooky Knightsmith
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Micro-Scholarship, What it is, How can it help me.pdf
Poh-Sun Goh
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Basic Civil Engineering first year Notes- Chapter 4 Building.pptx
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A short exhibit showcasing three concepts from sociology.
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Sociology 101 Demonstration of Learning Exhibit
jbellavia9
Wednesday 20 March 2024, 09:30-15:30.
Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)
Jisc
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Interdisciplinary_Insights_Data_Collection_Methods.pptx
Interdisciplinary_Insights_Data_Collection_Methods.pptx
Pooja Bhuva
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On_Translating_a_Tamil_Poem_by_A_K_Ramanujan.pptx
On_Translating_a_Tamil_Poem_by_A_K_Ramanujan.pptx
Pooja Bhuva
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How to setup Pycharm environment for Odoo 17.pptx
How to setup Pycharm environment for Odoo 17.pptx
Celine George
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Exploring_the_Narrative_Style_of_Amitav_Ghoshs_Gun_Island.pptx
Exploring_the_Narrative_Style_of_Amitav_Ghoshs_Gun_Island.pptx
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Application orientated numerical on hev.ppt
RamjanShidvankar
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Holdier Curriculum Vitae (April 2024).pdf
agholdier
Meaning of Emotional intelligence, Dimension of Emotional Intelligence- Selfawareness, self-motivation, empathy, Social Skills, Mayer &Saloveys(1997) Cognitive model of EI, Golemans (1995) model of EI B. Spiritual intelligence, Methods to learn & develop spiritual Intelligence- Meditation, Detached Observation, Reflection, Connecting, Practice
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Unit 3 Emotional Intelligence and Spiritual Intelligence.pdf
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Graduate Outcomes Presentation Slides - English
neillewis46
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Application orientated numerical on hev.ppt
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Holdier Curriculum Vitae (April 2024).pdf
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Graduate Outcomes Presentation Slides - English
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NO1 Top Black Magic Specialist In Lahore Black magic In Pakistan Kala Ilam Ex...
Ch 15 Search and Seizure
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Scheb and Scheb,
Criminal Law and Procedure 7 th edition Chapter 15: Search and Seizure
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Notas do Editor
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