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Criminal Procedure: Session 3: The Fourth Amendment and Search and Seizure Law
Consent Searches: Waiving Fourth Amendment Rights
One exception to the warrant requirement is the consent search. When individuals voluntarily waive their Fourth Amendment rights and grant permission for a search, law enforcement can proceed without a warrant. However, understanding what constitutes valid consent is crucial. We'll examine the requirements and limitations surrounding consent searches.
Plain View Doctrine: Unanticipated Discoveries
The plain view doctrine allows law enforcement to seize evidence that is in plain view during a lawful observation. We'll explore the parameters of this doctrine and how it applies to situations where law enforcement comes across evidence without actively searching for it.
Stop and Frisk: Balancing Officer Safety and Individual Rights
Terry v Ohio introduced the "stop and frisk" doctrine, enabling law enforcement to stop and briefly detain an individual if they have reasonable suspicion of criminal activity. This session will delve into the requirements for a valid stop and frisk, emphasizing the delicate balance between officer safety and protecting individuals from unreasonable searches.
Border Searches: Balancing National Security and Privacy
At the border, the government's interest in protecting national security sometimes clashes with individual privacy rights. We'll explore the scope of border searches, including searches of persons, vehicles, and electronic devices. Recent cases, like United States v Cotterman, have addressed the challenges posed by digital searches at the border.
Emerging Issues in Search and Seizure Law: Technology and Privacy
The digital age has ushered in new challenges for search and seizure law. How does the Fourth Amendment apply to emerging technologies like drones, facial recognition, and other surveillance tools? We'll discuss recent cases and legal debates surrounding the intersection of technology and privacy rights.
International Implications: Extradition and Evidence
Search and seizure issues extend beyond national borders, especially in cases involving extradition and the gathering of evidence from foreign jurisdictions. We'll explore how international law intersects with Fourth Amendment principles, considering cases that have tested the limits of extraterritorial searches.
Practical Skills: Drafting Search Warrants
Understanding the theoretical aspects of search and seizure law is essential, but practical skills are equally crucial. In this extended session, we'll delve into the art of drafting search warrants. What elements are necessary for a warrant to be valid? How can legal professionals ensure that warrants withstand judicial scrutiny?
Published on 2 years, 1 month ago