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May 20, 2024
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JS 645 - Fourth Amendment: Comprehensive Search & Seizure (2 units)
Analysis of what constitutes search/seizure; when it is within the Fourth Amendment; admissibility; issues in voluntary search consent;
Grading Basis: Satisfactory/Unsatisfactory
Units of Lecture: 2
Offered: Every Fall
Student Learning Outcomes
Upon completion of this course, students will be able to:
1. describe limitations on protected interests including open fields, assumption of risk, voluntary disclosure and abandoned property.
2. articulate the Supreme Court’s framework to address standing.
3. identify the present scope of Fourth Amendment protection in areas around residences and businesses.
4. describe the lower burden on the government to prove consent to search was voluntary under the Fourth Amendment compared to the government’s burden to prove “waiver” and voluntary relinquishment of rights under the Fifth and Sixth Amendments.
5. determine when a seizure occurs within the meaning of the Fourth Amendment.
6. identify the Terry v. Ohio frisk, plain view and plain feel, protective sweeps, exigent circumstances, and inventory exceptions to the search warrant requirement.
7. determine the applicability of the Fourth Amendment to automobile searches.
8. summarize the “knock and announce” rule and identify the limits of detaining a person during the execution of a search warrant.
9. summarize the elements of a valid search warrant.
10. define when to hold motion hearings and rule on standing issues with greater accuracy.
11. summarize the exclusionary rule; define the “fruit of the poisonous tree” doctrine; describe when the “attenuation of the taint” doctrine applies; identify when the “independent source” doctrine applies; describe the “inevitable discovery” rule; identify the applicability of “good faith” in the area of inevitable discovery; and summarize the “impeachment” exception to the exclusionary rule.
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