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Supreme Court Case Presentation

Supreme Court Case Presentation. By Nicholas Childers. Search and Seizure. Looking through personal property to find evidence of a crime or tort. Wolf v. Colorado.

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Supreme Court Case Presentation

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  1. Supreme Court Case Presentation By Nicholas Childers

  2. Search and Seizure • Looking through personal property to find evidence of a crime or tort.

  3. Wolf v. Colorado • Julius Wolf (the “petitioner”) was convicted by a State court of conspiring to commit abortions based upon evidence allegedly obtained in violation of the Fourth Amendment’s search and seizure clause.

  4. Wolf v. Colorado Decision • Majority Opinion • Any evidence found in violation of the 4th Amendment was not usable in the court. • Exclusionary Rule- any evidence found by violating your constitutional right is excluded and any evidence it leads to is also excluded -the fruit of the poisonous tree

  5. Wolf v. Colorado • “the Weeks exclusionary rule is a federal court construct that is not found implicitly in the Fourth Amendment of the Constitution nor is a law promulgated by Congress.”

  6. New Jersey v. TLO • The Vice-principal of the school searched a student and found evidence that she was dealing Marijuana. • VP caught two students smoking and searched one of them and found cigarette paper, Marijuana, a pipe, many one dollar bills, and a list of people who owed her money.

  7. New Jersey v. TLO Decision • Majority Opinion • 4th Amendment right was not violated • School officials do not need a warrant to search students within their authority.

  8. New Jersey v. TLO • “The majority observed “[i]t is now beyond dispute that “the Federal Constitution, by virtue of the Fourteenth Amendment, prohibits unreasonable searches and seizures by state officers… but does not need a warrant to search a student under their authority”

  9. Citation Page • http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/searches-and-seizures-of-persons-and-things/wolf-v-colorado-3/ • http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-weinreb/the-fourth-amendment-arrest-and-search-and-seizure/new-jersey-v-tlo/

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