Agaisnt
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School
Indian River State College *
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Course
2062
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by ProfPencilWolf5
ITEM/LOCATION SEARCHED WITHOUT A WARRANT
SHOULD POLICE BE ABLE TO USE THIS EVIDENCE
AGAINST HER? (Yes or No)
WHY OR WHY NOT? (One-sentence explanation)
Evidence from her public school locker
Yes, Courts have the authority to employ the "reasonable suspicion" test, which permits school administrators to carry out searches if they have a good faith suspect that a pupil has broken a law or school policy.
Websites that she visited on her home computer
.
Yes, It might be acceptable under law. Agreements that are explicit, such as terms of service, can be used
to get consent.
An email that she sent to a friend
.
No, Law enforcement organizations may occasionally be able to read emails through specialized court orders, such as subpoenas or search warrants.
Information from her Facebook page, including status updates and pictures with locations and other people tagged.
No, Unauthorized access to private accounts could be against the law in some areas and against Facebook policy in others.
Her movements by car on public streets
.
No, the legality of tracking someone's movements with an automobile on a public roadway depends on factors including privacy, constitutional rights, and technology use.
The contents of her cell phone.
No, A complicated matter including privacy rights, constitutional safeguards, and the relevant regulations
in a given jurisdiction is the legal status of accessing someone's cell phone contents.
T
hings she said on a land-line phone conversation she had at home.
No, While some jurisdictions may allow recording with the consent of at least one party, others may demand the approval of all participants in the conversation.
Trash from her home that her family had placed in a garbage can by the curb.
No, any reasonable expectation of privacy in those objects reduces the moment someone sets trash outside for collection, and law enforcement is typically not necessary to get a search warrant to sift through or seize anything from the trash.
Something in her fenced backyard, not visible from the street.
No,
when it comes to their own property, including their walled backyard, people generally have a fair expectation of privacy. There may be protection against unjustified entry for items or activities inside this
private area.
After you complete the chart answer the following:
Questions
1.
How does the Fourth Amendment’s warrant requirement protect you?
The Fourth Amendment's warrant requirement is an essential defense against arbitrary searches and seizures and protects people's security and privacy.
2.
Due process is included in the Constitution to achieve a certain goal. What does due process achieve?
One of the main objectives of due process, as outlined in the Constitution, is to safeguard individual rights and administer justice in a way that advances multiple critical objectives. Protecting individual liberty and ensuring justice and fairness within the judicial system is the main goal of due process.
3. What is the exclusionary rule and does this rule help to ensure liberty and justice? Why or why not?
In a criminal prosecution, evidence gathered in violation of the Fourth Amendment is not admissible under the exclusionary rule, a legal principle. In addition to requiring that search warrants be based on probable cause, the Fourth Amendment shields people against arbitrary searches and seizures. To prevent law enforcement from acting in an illegal manner and to protect people's constitutional rights, the exclusionary rule is used as a remedy.
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