
Constitutional Law - The Fourth Amendment
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About this listen
Join Maude and Claude on Study for the Bar in Your Car podcast for a crucial episode on Constitutional Law - The Fourth Amendment! Navigate the essential protections against unreasonable government intrusion into your life.
We start with the core principle: the Fourth Amendment shields you from unreasonable searches and seizures by the government. Learn why the default rule requires a warrant, supported by probable cause and particularity, before police can search or seize.
Discover what constitutes a "search" under the Katz test – focusing on your reasonable expectation of privacy, especially the highest protection afforded to the home. We'll also cover areas where privacy expectations are diminished, like open fields or items in plain view.
Master the critical exceptions to the warrant requirement, which are vital for your bar exam:
- The Automobile Exception allows warrantless searches of vehicles with probable cause.
- Search Incident to a Lawful Arrest (SILA) permits contemporaneous searches of an arrested person and their immediate area for safety and evidence.
- Terry Stop and Frisk allows brief detentions based on reasonable suspicion of criminal activity, and pat-downs for weapons if the person is deemed armed and dangerous.
Understand the controversial Exclusionary Rule, which mandates that illegally obtained evidence is generally inadmissible in court, serving to deter police misconduct. We'll also highlight key exceptions to this rule, such as the Independent Source Doctrine and the Good Faith Exception for warrants.
Finally, grasp how the Fourth Amendment's protections are incorporated and applied to state and local governments through the 14th Amendment's Due Process Clause.
This episode is packed with essential insights to help you conquer Constitutional Law! Listen and subscribe to elevate your bar prep!