4th amendment and court cases

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• The Exclusionary Rule and Searches and Seizures

  Upon presentation of his property, Weeks objected citing that the documents were obtained without a search warrant, which violated his 4th and 5th Amendment rights. The court overruled his objection.

• When can students be lawfully search while in school?

  This incorporation of an important constitutional right was limited to the First Amendment. Forty years later, in the landmark New Jersey v. T.L.O. that the Court would hold that public schools are restrained by the 4th Amendment.

• Constitutional Protections in Criminal Investigations

  In addition, if they were given their Miranda rights and refused this would enable them to utilize the 4th amendment protection against incriminating themselves. Also the defendant is guaranteed a court appointed attorney.

• The Exclusionary Rule: A presentation creation guide

  While this is true, the Supreme Court ruled that violations of the knock & announce requirement of the 4th Amendment is not grounds for inadmissibility of evidence.

• Why the Exclusionary rule is necessary.

  When police search and seize evidence without the protections afforded to the defendant by the 4th amendment, the evidence is barred from being entered into court even if the defendant is guilty of the crime the evidence will be inadmissible.

• Graham versus Connor

  Step 4 a) The standard that the court used to determine whether the use of force was reasonable is the 4th Amendment Reasonable test.

• Criminal Procedure

  Details: If we prevail on the motion to suppress evidence from the illegal search (4th Amendment violation), it is unlikely that there will be a federal prosecution. Therefore, we need to look ahead to set strategy in state court.

• How To IRAC United States v. Epperson

  The Court of Appeals held that the search and seizure using the magnetometer on plaintiff is not unreasonable under the Fourth Amendment. This is a "How To IRAC" 5,554 word document to assist students IRAC cases for their class.

• MIRANDA v. ARIZONA, 384 U.S. 436 (1966) and TENNESSEE v. GARNER, 471 U.S. 1 (1985)

  Supreme Court, the concept of 4th Amendment right against unreasonable search and seizure was brought up.