Search and Seizure

The exclusionary rule is:

• A legal principle that excludes certain evidence from being presented in court if it was obtained in violation of the defendant's constitutional rights.

• A rule that allows all evidence to be presented in court regardless of how it was obtained.

• A guideline for judges to follow when sentencing a defendant.

• A principle that requires all evidence to be shared with the defense before trial.

Examine each of the following situations. Decide whether the search violates the Fourth Amendment and whether the evidence seized can be used in court. Explain your decisions. a. 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.

• The search violates the Fourth Amendment and the evidence cannot be used in court.

• The search does not violate the Fourth Amendment and the evidence can be used in court.

• The search violates the Fourth Amendment BUT the evidence can still be used in court.

• The search does not violate the Fourth Amendment BUT the evidence cannot be used in court.

Which of the following individuals can sign a warrant?

• Teacher

• Friend

• Judge

• Police Officer

Examine each of the following situations. Decide whether the search violates the Fourth Amendment and whether the evidence seized can be used in court. Explain your decisions. d. Terry is on a bus traveling from Miami to New York City. Three police officers board the bus wearing “RAID” jackets, and Terry can see that at least one is carrying a gun. One officer stands in the front of the bus partially blocking the aisle, while the other two officers eye the passengers, pick out Terry, and ask him for identification and his ticket. After returning both to him without comment, they then ask Terry for permission to search his luggage. He gives his permission. The officers open his bag and find cocaine.

• The search violates the Fourth Amendment and the evidence cannot be used in court.

• The search does not violate the Fourth Amendment and the evidence can be used in court.

• The search violates the Fourth Amendment but the evidence can still be used in court.

• The search does not violate the Fourth Amendment but the evidence cannot be used in court.

The 4th Amendment is NOT applicable to which of the following groups?

• Men

• Women

• Security guards

• Police

During a school debate, Nora argued about the importance of a law that protects people from searches and seizures deemed unreasonable. Which of the following was she referring to?

• Protective sweep

• Chain of Custody

• Exclusionary Rule

• 4th Amendment

Which of the following warrantless search methods allows a search of all areas pertaining to the emergency can be searched?

• Emergency Exceptions

• Plain View Doctrine

• Incidental Search

• Consent Search

Although the Fourth Amendment protects students at school, the Supreme Court has given school administrators broader power than the police to search students and their possessions. How has the Court helped schools combat the issue of drugs?

• By allowing random drug testing of students involved in extracurricular activities

• By banning all forms of drug testing in schools

• By requiring police presence in schools for drug searches

• By implementing a zero-tolerance policy for drug offenses

In what situations can a warrantless search and seizure be considered legal?

• When there is an imminent danger to a person's life or safety

• When there is a serious damage to property

• When there is an imminent escape of a suspect

• All of the above

Which of the following warrantless search methods allows another occupant or owner of a house to legally give permission to a search?

• Consent search

• Incidental Search

• Plain View Doctrine

• Emergency Exceptions