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Search and Seizure

Search and Seizure. When is it legal to search?. The police see Dell standing at a bus stop on a downtown street, in an area where there is extensive drug dealing. They stop and search him and find drugs in his pocket. Yes: Stop and Frisk aka Terry Stop.

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Search and Seizure

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  1. Search and Seizure When is it legal to search?

  2. The police see Dell standing at a bus stop on a downtown street, in an area where there is extensive drug dealing. They stop and search him and find drugs in his pocket. Yes: Stop and Frisk aka Terry Stop

  3. After Jose checks out of a hotel, the police ask the hotel manager to turn over the contents of the wastebasket, where they find notes planning a murder. Yes: Plain view

  4. A student informs the principal that Bob, another student, is selling drugs on school grounds. The principal opens Bob’s locker with a master key, finds drugs and calls the police. Yes: Reasonable Suspicion

  5. Jill’s boyfriend breaks into her apartment and looks through her desk for love letters. Instead he finds drugs, which he turns over to the police. No: BF was in the apartment illegally

  6. Susan is stopped by police for driving 52 mph in a 45 mph zone. After stopping her, the police search her purse and find a pistol. Yes and No: Yes if she gave them consent to search No if she did not give them consent, even incident to a traffic stop

  7. Larry is observed shoplifting items in a store. Police chase Larry into his apartment building and arrest him outside the closed door of his apartment. A search of the apartment reveals a large quantity of stolen merchandise. Yes: Hot pursuit: a crime has occurred; this is creates probable cause

  8. The police receive a tip from an anonymous informant who provides detailed information about the counterfeit money Rudy has in his office. Acting on this information , they get a search warrant and find the money just where the informant told them it would be. Yes: A judge must grant a search warrant

  9. Sandy is suspected of receiving stolen goods. The police go to her apartment and ask Claire, her roommate, if they can search the apartment. Claire gives the police permission, and they find stolen items in Sandy’s dresser. No: Sandy has a reasonable expectation of privacy of her living quarters.

  10. In order to search: Searches by School Officials • Must have reasonable suspicion • School knows several minor facts, a large fact, or a large fact from a source with unknown reliability that points to a suspect engaging in criminal activity Searches by Police • Must have probable cause • Officer has enough evidence to lead them to believe that the suspect has or is about to engage in criminal activity

  11. What are the levels of evidence?

  12. Review: Warrantless Searches • Please take notes on warrantless searches in the textbook. • P. 138 -139 • Search incident to a lawful arrest • Stop and frisk • Consent • Plain view • Hot pursuit • Vehicle searches • Emergency situations • Border and airport • Inventory search • Protective sweep

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