Procedure | Resources | Sec. 3.1

Fundamentals of Procedural Law by Adam J. McKee

 

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Reading Assignment for Section 3.1

Read the following subsection from our online textbook: Section 3.1: Obtaining a Warrant.

What You Will Learn

In this section, you’ll uncover the critical role that warrants play in safeguarding individual rights under the Fourth Amendment, ensuring protection from unreasonable searches and seizures. You’ll learn about the detailed process of obtaining a warrant, from establishing probable cause to drafting affidavits and securing judicial approval. Additionally, you’ll explore the procedures for executing warrants and the legal tools available to challenge them, gaining insight into how these mechanisms uphold constitutional protections.

Student Learning Outcomes for Section 3.1

  • SLO 1: Explain the purpose and constitutional foundation of warrants under the Fourth Amendment, emphasizing their role in protecting individuals from unreasonable searches and seizures.
  • SLO 2: Define probable cause and demonstrate its application in the warrant process, including its evaluation through the totality of the circumstances standard established in Illinois v. Gates.
  • SLO 3: Describe the process of obtaining a warrant, including the preparation of affidavits, judicial review, and the importance of specificity in warrant applications to comply with legal requirements.
  • SLO 4: Analyze the legal standards for executing warrants, including time restrictions, geographic limits, and adherence to the terms and conditions outlined in the warrant.
  • SLO 5: Evaluate the legal mechanisms for challenging warrants, including suppression motions, and assess their role in protecting constitutional rights by excluding improperly obtained evidence.

[Go to the Text Section | Index]

Case Readings

3.1 Obtaining a Warrant Marron v. United States, 275 U.S. 192 (1927) Particularity Requirement for Warrants
Go-Bart Importing Co. v. United States, 282 U.S. 344 (1931) Warrant Requirement for Commercial Premises

Slide Presentations

Present from the web:

 

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Last Updated:  01/11/2025

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