CJUS P300 1st Edition Lecture 17 Outline of Last Lecture 1. Life without Parole2. Death Penalty 3. Habitual Offender4. Police and Prosecutor RelationshipOutline of Current Lecture 1. Search and Seizure2. Police Entering your House3. Search Warrants Current LectureTuesday of last week of class is the Final. Thursday last week of class worth 10 points, bringingin evidence. 1. Search and Seizurea. People have the highest expectation of privacy within their home (not car or workplace) b. Who do we have the highest expectation of privacy from? i. Criminals as in we are protected from criminalsc. Framers of Constitutioni. No police, just the militaryii. It is the gov’t that framers of constitution were most concerned about. Didn’t want the gov’t to invade your home. 2. Police can ask to go into your if you let them in and they aska. Don’t need probable cause to ask to come into your house b. Majority of class said you don’t need probable cause c. Have to have some kind of suspicion but doesn’t need to rise to the level of probable cause d. It’s called the “Knock and Talk” e. They can’t ransack your place or pick up anything (like drugs)f. If you reside in the home you have the authority to let them in and allow them tosearch3. Search WarrantsThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.a. To get a search warrant, the police must have probable cause that there is criminal activity having taken place, taken place, or will take place in the imminent future. They must articulate that probable cause to a judge or a magistrate and it must be recorded or put in writing and verified by a police officer. b. Probable cause is a relatively low threshold. Doesn’t even come close to preponderance of the evidence or reasonable doubt. It is reasonable suspicion. i. The police officer must swear under oath that what they are saying is trueii. Prevents them from making up probable cause c. Judge hears the probable cause and decides whether or not to issue the search warranti. A judge can always say no, that there’s not enough probable caused. Search warrant must contain the following:i. Description of the property to be searched 1. Warrant must contain all things on property to be searched, must specify2. Must verify that that house or property is tied to whatever they are searching for ii. Has to list what it is the police officers are searching for e. Judge (or magistrate) then signs the warrant and it is now validi. Not issued by judge or magistrate then not valid f. Has to be dated and timed and then servedi. Where they have served it, date and time, and return it to justice buildingwhere they keep record of it. Leave copy at residence as well.g. Warrant can get stale (at a certain point in time the warrant is no longer good). h. You as a prosecutor should be concerned about proper search warrant because can get evidence or case thrown out. i. The police will gather everyone up and put them in one place for their own safety and to make sure you’re not destroying evidence while they’re searchingj. Search warrant must contain credible information and police and judge have to find that it’s