hackthebarFourth Amendment
The Fourth Amendment protects people against unreasonable searches and seizures and is applicable to the states via the Due Process Clause of the Fourteenth Amendment.
Criminal Procedure rule statements
Criminal procedure addresses the processes for investigating, prosecuting, and adjudicating criminal cases. Important topics include constitutional protections, pretrial procedures, trial procedures, sentencing, and appeals. Attorneys practicing criminal law should have a strong grasp of criminal procedure to ensure their clients' rights are protected throughout the criminal justice process and to navigate the complexities of the legal system.
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Government Conduct
For defendant to assert a Fourth Amendment challenge, he must show government conduct. Defendant must show that the police or government were involved in the search or seizure
Reasonable Expectation of Privacy (Standing)
For a defendant to assert a Fourth Amendment challenge, they must demonstrate a reasonable expectation of privacy under the totality of the circumstances. To establish a REP, defendant must show that they had at least an ownership or possessory interest in the place searched or items seized.
Warrant Requirement
In order for a search and seizure to be valid, the government must have acted pursuant to a valid warrant. If the warrant is not valid or if there was no warrant, all the evidence will be deemed inadmissible unless an exception applies. A valid warrant requires that it be issued (1) based on probable cause that seizable material or evidence can be found at the premises to be searched, (2) by a neutral and detached magistrate, and (3) with particularity regarding the place to be searched and items to be seized
Good Faith Exception
Police may raise a good faith exception if they relied on a warrant that turned out to be invalid.
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