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Additional info for The Criminal Law Handbook: Know Your Rights, Survive the System (Criminal Law Handbook)
2/20 33. If I’m arrested outside my place of residence, can the police go inside to look for accomplices? 2/21 34. If the police properly arrest me in my home, can they also search the home? 2/21 35. Do guests in a home have the same privacy rights as the homeowner or tenant? 2/22 36. Is a search following an illegal arrest valid? 2/22 37. If an officer searches me after a valid arrest and finds evidence for an entirely different crime, is the evidence admissible? 2/22 Section VI: “Stop and Frisk” Searches ...................................................................................
2d 355 (1995)), the police will usually deny that they promised leniency, and the judge will usually believe them. • Police use the “good cop–bad cop” routine. In this ploy, one police officer is aggressive and overbearing toward a suspect. A second officer is helpful and courteous. Suspects believe the second officer is on their side, and so they gratefully and voluntarily talk to the second officer. • Many suspects talk voluntarily in the belief that only explicit confessions will be admissible in evidence.
No. American judges have written thousands of opinions interpreting the Fourth Amendment and explaining what a “reasonable” search is. But before getting to that question, another question must be answered first. Did the search in question violate the defendant’s privacy in the first place? S. Supreme Court, did the defendant have a “legitimate expectation of privacy” in the place or thing searched? (Katz v. ) If not, then no search occurred for the purpose of Fourth Amendment protection. If, however, a defendant did have a reasonable expectation of privacy, then a search did occur, and the search must have been a reasonable one.