Procedure | Resources | Sec. 2.5

Fundamentals of Procedural Law by Adam J. McKee

 

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Reading Assignment for Section 2.5

Read the following subsection from our online textbook: Section 2.5: Seizures.

What You Will Learn

In this section, you’ll explore the fundamental concept of seizures, breaking down the differences between seizing people and seizing property, along with the legal standards for each. You’ll also gain a clear understanding of the Fourth Amendment’s reasonableness requirement and how probable cause and reasonable suspicion play key roles in seizure decisions. By the end, you’ll be well-versed in the legal safeguards and landmark cases that shape the balance between government authority and individual rights in this critical area of law.

Student Learning Outcomes for Section 2.5

  • SLO 1: Differentiate between the seizure of persons and the seizure of property, explaining the legal standards and purposes associated with each type.
  • SLO 2: Define and apply the constitutional requirement of reasonableness under the Fourth Amendment, including the role of probable cause and reasonable suspicion in determining the legality of seizures.
  • SLO 3: Analyze the distinctions between warrant-based and warrantless seizures, identifying circumstances where warrantless seizures are legally justified, such as exigent circumstances and plain view doctrine.
  • SLO 4: Evaluate the legal standards for arrests, stops, and property seizures, citing landmark cases like Terry v. Ohio and United States v. Place as foundational precedents.
  • SLO 5: Assess the impact of seizures on individual rights, examining how procedural safeguards balance government authority and constitutional protections.

[Go to the Text Section | Index]

2.5 Seizures California v. Acevedo, 500 U.S. 565 (1991) Automobile Exception to the Warrant Requirement
United States v. Place, 462 U.S. 696 (1983) Seizure of Luggage in Transit

Slide Presentations

Present from the web:

 


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Last Updated:  01/11/2024

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