SEARCHES
Questions About Searches
WHAT IS THE DIFFERENCE BETWEEN AN "INVESTIGATORY STOP" AND A "WELFARE CHECK"?IF TWO PEOPLE LIVE AT A HOME AND ONE PERSON CONSENT TO A SEARCH OF THE HOME IF THE OTHER DOES NOT CONSENT?WHEN DOES A POLICE SEARCH EXCEED THE SCOPE OF A SEARCH WARRANT?CAN A STATE PROSECUTOR USE EVIDENCE THAT POLICE OBTAINED THROUGH AN UNLAWFUL SEARCH?CAN THE POLICE SEARCH YOUR TRASH IF LEFT BY THE CURB?CAN THE PROSECUTION USE DNA TAKEN FROM AN ARRESTEE WITHOUT CONSENT OR A WARRANT?IF AN OFFICER SEARCHES YOU INCIDENT TO A LAWFUL ARREST HOW FAR DOES THAT EXTEND?IS IT UNLAWFUL FOR POLICE TO SEARCH MORE ITEMS WITHIN A PARTICULAR CONTAINER AFTER A PRIVATE SEARCH WAS CONDUCTED?IF A PRIVATE PARTY SEARCHES PROPERTY AND FINDS EVIDENCE OF A CRIME THEN TURNS IT OVER TO THE POLICE, MUST THE POLICE STILL GET A SEARCH WARRANT?CAN EVIDENCE BE USED IN COURT THAT WAS DISCOVERED AFTER A PROLONGED DETENTION?WHEN DOES A "SEARCH" OCCUR FOR 4TH AMENDMENT PURPOSES?WHEN MAY A SCHOOL OFFICIAL CONDUCT A SEARCH OF A STUDENT AND WHAT IS THE PERMISSIBLE SCOPE OF THAT SEARCH?CAN A POLICE OFFICER SEARCH A PERSON'S RESIDENCE WITHOUT A WARRANT IF THEY ARE ARRESTED INSIDE THE HOME?WHAT HAPPENS IF A PERSON CONSENTS TO A SEARCH OF THEIR PROPERTY BUT THAT CONSENT IS NOT FREELY AND VOLUNTARILY GIVEN?CAN A POLICE OFFICER SEARCH A CELL PHONE AS PART OF A SEARCH INCIDENT TO LAWFUL ARREST?CAN AN OFFICER STOP A PERSON AND PAT THEM DOWN WITHOUT A WARRANT?DOES THE COURT HAVE TO SUPPRESS EVIDENCE THAT IS ILLEGALLY SEIZED BY LAW ENFORCEMENT?CAN AN OFFICER USE THE "PLAIN VIEW" EXCEPTION TO SEIZE EVIDENCE UNRELATED TO THE EXECUTION OF A WARRANT WHERE THE ITEMS SEIZED ARE NOT IMMEDIATELY APPARENT TO BE CONTRABAND?DOES INSTALLING A GPS TRACKING DEVICE ON A CAR CONSTITUTE A SEARCH UNDER THE FOURTH AMENDMENT?CAN PRIOR PERMISSION TO ENTER PREMISES BE USED AS AUTHORIZATION FOR SUBSEQUENT ENTRANCES AFTER BEING TOLD TO LEAVE?