Search & Seizure

Anderson Guillen


A search and seizure is an examination done by law enforcement officials to look for property or communication believed to be evidence of a crime, and the act of taking possession of this property.

Real World vs School rights

In many cases students think that an adult at school doesn't have the right to search them because its against their privacy, when in fact and adult admin has the full right to search if there is any suspicions. In the real world its a little different. An official can enter your house and search if they have a warrant to do so. There must be a reason for the officials to come to your house in the first place. If your doing nothing wrong then you should't worry about it.

The 4th Amendment

Under the fourth amendment the people are protected from unreasonable search and seizure by the government. This doesn't mean they are protected from all search and seizure. If a government official has a suspicion and a warrant they are within their rights to search you.

The Exclusionary Rule & The "Fruit Of Poisonous Tree Doctrine"

The Exclusionary rule prohibits the use of illegally obtained evidence in a criminal trail.

This rule applies whenever you have evidence that you got from an unreasonable search and seizure, by doing this you are violating the Fourth Amendment.

The "Fruit Of The Poisonous Tree Doctrine" was first described in Silverthorne Lumber. VS US. It is a metaphor used to describe how someone got illegal evidence, this means that all evidence obtain can not be used in a trial.

Involvement in a Search & Seizure

Under the 4th amendment in the US Constitution, police have the right to search and seize if they have "reasonable" cause. They must have probable cause to search a seize also.

A police may not search anyone without having a warrant first, unless one of the warrant expectations applies. Also if the cop has illegal evidence they cannot use any of this evidence against you in a trial. To report or talk against someone in a trial you have to have reason to back you up.

The Rights Of Students In School

We as students have many rights in school.

  • We have Freedom Of Expression - under freedom of expression there are many things that we can do, for example we can express our selves in the school newspaper. Another is that we can conduct polls and form clubs and do activities in school.
  • We have the right to summit things ahead of time
  • If we are 18 we have the right to look at our own public school record and our parents have the same right.

First of all an adult has the right to search your personal items if your at school, only if they a reason to do so. Also if you have probable cause, and if they see anything suspicious they can act without needing a warrant. They can search any property that yours even your car.

Expectation of Privacy

The expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment In the constitution of the US.

Using Dogs

The 4th amendment states that you can not perform ay search and seizure without proper reason and a warrant. A drug sniffing dog is a detection device therefore if a cop searches for something with a dog he didn't have proper reason. The dog smelled something without permission of a warrant. These cases are really hard to understand.