356: Listen and Learn -- Criminal Law: Warrant Requirements
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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What Is a Valid Search and Seizure?
The fourth amendment guarantees that the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated. A valid search warrant requires one, probable cause, that is, reliable information that evidence of illegality will be found. Two, it must state with particularity, the place and items to be searched and seized. And three, it must be issued by a neutral and detached magistrate. Evidence obtained without a valid warrant is excluded, unless it falls under an exception. This issue typically arises in life and on exams through a motion to suppress at trial. There are eight exceptions to the warrant requirement that you need to know.
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