Search & Seizure
Anderson Guillen
DEFINITION
Real World vs School rights
The 4th Amendment
The Exclusionary Rule & The "Fruit Of Poisonous Tree Doctrine"
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
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 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.