Procedure | Resources | Sec. 3.4

Fundamentals of Procedural Law by Adam J. McKee

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Reading Assignment for Section 3.4

Read the following subsection from our online textbook: Section 3.4: Search Warrant Exceptions.

Note: This section spans multiple pages, so be sure to review all pages to fully understand the material.

What You Will Learn

In this section, you’ll delve into the critical exceptions to the Fourth Amendment’s warrant requirement and understand the specific circumstances that justify warrantless searches. You’ll learn about legal doctrines like plain view, exigent circumstances, and hot pursuit, along with the constitutional safeguards that guide these practices. By exploring landmark cases and procedural standards, you’ll gain a comprehensive understanding of how these exceptions balance law enforcement needs with constitutional protections.

Student Learning Outcomes for Section 3.4

  • SLO 1: Identify and explain the key exceptions to the Fourth Amendment’s warrant requirement, including plain view, exigent circumstances, and hot pursuit.
  • SLO 2: Analyze the legal standards for the plain view doctrine, including the requirements for lawful presence, immediate apparentness, and lawful access, as established in Horton v. California (1990).
  • SLO 3: Describe the concept of exigent circumstances and evaluate its application in cases involving threats to safety, destruction of evidence, and imminent criminal activity, as outlined in Brigham City v. Stuart (2006).
  • SLO 4: Assess the legal justification for warrantless searches in hot pursuit situations, focusing on the principles established in Warden v. Hayden (1967) and United States v. Santana (1976).
  • SLO 5: Discuss the constitutional basis and procedural safeguards for consent searches, administrative inspections, and school searches, including the standards of voluntary consent (Schneckloth v. Bustamonte, 1973) and reasonable suspicion (New Jersey v. T.L.O., 1985).

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Last Updated:  01/11/2025

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