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4.2 Explain An Anticipatory Warrant

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1) What rights are protected by the Fourth Amendment to the U.S. Constitution?
• The fourth amendments protect against unreasonable search and seizure of persons, property, or other items without justification. The fourth amendment only protects against persons, houses, papers, and effects against unreasonable searches. You must have probable cause to obtain a search warrant (p. 37).

2) Explain an anticipatory warrant.
• An anticipatory warrant is a warrant bases upon an affidavit (written statement) showing probable cause that at some future time certain evidence of crime will be located at a specified place. An example, is when a person was suppose to be delivered a video tape of child porn. A search warrant was given only after the delivery was made. The affidavit established probable cause that the situation would take place (p. 52).

3) Explain the ʺfruits of the poisonous treeʺ doctrine.
• The fruits of the …show more content…
ʺ Other than the privacy of where a person lives and a public restroom, give me an example of where you think a reasonable person would expect privacy.
• The privacy zone is a constitutionally protected area. The expectation of privacy zone is based on two expectations. First, that a person exhibits an actual or subjective expectation of privacy. Second, is that the exception is one that society is prepared to recognize as reasonable. An example of where a reasonable person would expect privacy would be a public phone booth. It a person closed the glass door and made a call they expect privacy (p. 39).

5) Explain the rationale behind the exclusionary rule. What case and year was the exclusionary rule first applied to Federal courts? What case and year was the exclusionary made mandatory for all states? What was the rationale behind the U. S. Supreme Court not making the exclusionary rule mandatory in all states some 47 years after the exclusionary rule was applied at the Federal

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