How to Analyze Exceptions to the Search Warrant Requirement on a Criminal Procedure Essay

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  • Опубликовано: 30 сен 2024

Комментарии • 55

  • @collequ
    @collequ 5 лет назад +10

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  • @jrashidi
    @jrashidi 5 лет назад +12

    Thank you so much! These videos are extremely helpful!

    • @studicata
      @studicata  5 лет назад

      No problem, happy to help!

  • @studicata
    @studicata  5 лет назад +2

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  • @marcelal827
    @marcelal827 2 года назад +8

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    • @studicata
      @studicata  2 года назад

      Thank you so much-I'm happy to help!

    • @tbrowntracyj
      @tbrowntracyj Год назад

      He is handsome smart yeah it's a lot of info to know

  • @zachmargules2189
    @zachmargules2189 5 лет назад +16

    This guy is the Bar Exam Savior Jesus Christ

    • @studicata
      @studicata  5 лет назад +3

      Haha, thank you! 🙏

    • @collequ
      @collequ 5 лет назад

      Zach Margules oh yes he is are you sitting for Feb?

    • @christyschaar957
      @christyschaar957 10 месяцев назад

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  • @chrisparker740
    @chrisparker740 3 года назад +2

    You forgot the "I" for Inventory Exception. Maybe "ESCAPIES"

    • @ZantherStone
      @ZantherStone 2 года назад

      I thought about that too! I figured it might fit into the administrative exception? But that's such a common one as far as criminal procedure that I think it deserves mention

  • @MisterMikeTexas
    @MisterMikeTexas 3 года назад +2

    If 4A is violated, that's where 2A comes in.

  • @bryonwatkins1432
    @bryonwatkins1432 5 лет назад +2

    ALSO, like i caught. The ACTUAL cop, Federal Agent, etc., CANNOT issue the warrant, sign the warrant themselves, and NOT file it. That’s fraud. ALSO, i believe it has to have the court seal on it so that it’s LAWFULLY authenticated. Lastly, i believe it has to be filed with the Secretary of State.

  • @lia.is.on.
    @lia.is.on. 5 лет назад +4

    All I hear is Dory saying ES-CAP-AY! Thank you for this!!!

    • @studicata
      @studicata  5 лет назад

      LOL 😂. No problem, happy to help!

  • @javidmurray1807
    @javidmurray1807 Год назад

    Love these videos… so many ads…. Sigh

  • @justinbrannan6174
    @justinbrannan6174 3 года назад

    So recently, I had Drug Mart call the cops cause I was sleeping in my car in their parking lot. The cops woke me up asked to search my car which I said no then made me leave Drug still half asleep. Not even a mile up the road I fell asleep at the wheel and rear ended the guy in front of me. The cops were called to make a report and as soon as the officer got there he walks up to my car and asks to search it. I tell him no so he gets the k9 to take around my car. Supposedly the k9 hinted on the passenger side of my car and while searching my car finds a meth pipe I've never seen before. I'm then arrested and put into the back seat of the cruiser. My friend
    oommate was already there and the officer who arrested me ask her and I if she can drive my car home. We both say yes. While I'm in the back of the cruiser another officer who knows who I am cones over to the cruiser and says he has a tow truck on the way. My friend and I both explain to him that she has a license and can drive my car home. He says no, he's already got a tow truck on the way. Then he says plus I I remember you writing a complaint on me last year. He walks over to my car and continues to search my car. He pops the trunk without my permission and searches the trunk where he finds a locked box. He then takes my keys out of my ignition and tried all my keys until he finds the correct one. Was this legal and if not, what should I do?

  • @ZantherStone
    @ZantherStone 2 года назад

    Did the end up putting up that link with the list of administrative search reasons? (I saw in the caption text he put some examples, but I think he mentioned a specific link with a bigger list)

  • @rechase84
    @rechase84 3 года назад

    Quick, friendly question - US v Santana (Partially upheld by Lange v CA) allowed for warrantless entry into a home during hot-pursuit of *some* misdemeanor crimes. Would a peace officer then be covered by plain view doctrine and protective sweeps if contraband or proof of the original crime is found in the home?

  • @jonathanrashtian9884
    @jonathanrashtian9884 2 года назад

    Does SILA for a vehicular arrest include the trunk at any point (before arrested and put in back of squad car or after)?

  • @tbrowntracyj
    @tbrowntracyj Год назад

    So if a police officer does not have probable cause how does he get a warrant

  • @PiotrRybak-w6c
    @PiotrRybak-w6c Год назад

    This is golden!!! You are very kind to share your knowledge. Thank you for all the videos you have put out there!

  • @IndusPacificLawOffice
    @IndusPacificLawOffice 4 года назад

    Hi,
    Hats off to you.. Please don't remove these videos ever. I am an attorney from Pakistan. these quick review courses are very great and helpful to refresh legal standards.

  • @marksman9249
    @marksman9249 3 года назад

    Motor car exception.. The motor car must be readily mobile. Does not apply to motor homes.

  • @sc541
    @sc541 4 года назад

    Wow, you are AMAZING! Thanks for this! I can’t stop watching!

  • @davidsoto4394
    @davidsoto4394 2 года назад +1

    Excellent video.

  • @therichestyoutubechannel6754
    @therichestyoutubechannel6754 7 месяцев назад

    😂😂

  • @KGCSHS96
    @KGCSHS96 4 года назад

    Whats the difference between SILA and a protective sweep?

  • @tangobelair
    @tangobelair 5 лет назад

    SILA is a little tricky , if the person is unrestrained then the gov't may search the interior of the car for anything as long as if its w/in arms reach , they can look for biddles of cocaine even if he was pulled over for DUI , h/e once the suspect is in the police car they can still search the automobile h/e can only search for evidence consistant w/ the DUI , is that right? In Arizona v. Gant (556 U.S. 332 (2009)), the U.S. Supreme Court redefined and narrowed the traditional “search incident to arrest” exception to the warrant requirement of the Fourth Amendment. The Court held that officers may search a vehicle incident to an arrest only if the arrestee is unrestrained and “within reaching distance of the passenger compartment” at the time of the search or “it is reasonable to believe the vehicle contains evidence” of the crime for which the person is being arrested.
    Because Stegall was handcuffed and secured in a patrol car at the time of the search, the officers needed a basis to believe the vehicle contained evidence linking Stegall to the road rage incident-otherwise the search would not trigger the search incident to arrest exception. The witness told officers that she saw Stegall put something in the rear hatch of the SUV. Stegall admitted that he was the driver involved in the road rage incident and said that he probably had a gun in the SUV. Plus, the other driver identified Stegall as the one who brandished a gun. Therefore, the court held that there was reason to believe that the SUV contained evidence of the crime of terroristic threatening.

    • @URMedicare
      @URMedicare 4 года назад

      You are correct but this is a general overview for the Bar ;)

    • @tangobelair
      @tangobelair 4 года назад

      @@URMedicare and I get that it's a general overview for the bar but I think it's essential that the law as it relates to A search incident to a lawful arrest has changed and what was permissible under your general overview may not be permissible under the constitution that said I think you're terrific, your lectures are greatly appreciated the intent was not to disagree rather to point out that the law has subtly changed. it appears to be a 2 part analysis either of the 2 permit the search of the car "only if the arrestee is unrestrained and “within reaching distance of the passenger compartment” at the time of the search or “it is reasonable to believe the vehicle contains evidence” of the crime for which the person is being arrested. I think it's just a little bit more nuanced than what it used to be.

  • @shawannaanderson3226
    @shawannaanderson3226 4 года назад

    Thank you so much. ☺️

  • @SirShoddrick
    @SirShoddrick 4 года назад

    What is a “ stale warrant “?

  • @kala3019
    @kala3019 5 лет назад

    Is he saying are are arnt going to be able to search lawfully at 17:46?

    • @marksman9249
      @marksman9249 3 года назад

      Yes . 2 co occupants 1 consents other don’t . Then can’t search common areas.

  • @celebrityinterviews3691
    @celebrityinterviews3691 3 года назад

    excellent

  • @legalresearchenforcementin4157
    @legalresearchenforcementin4157 4 года назад

    All the best

  • @94imabitch
    @94imabitch 5 лет назад

    you never put the administrative searches below!

    • @studicata
      @studicata  5 лет назад

      You're right! I completely forgot to add the descriptions to the criminal procedure videos. 🤦‍♂️ I am out of town right now, but I will get on it as soon as I get back.

    • @94imabitch
      @94imabitch 5 лет назад

      Studicata my final is tomorrow!! Don’t worry. Love your videos!!!!! They are so helpful!

  • @malibutonymalibutony
    @malibutonymalibutony 5 лет назад

    After a search warrant was issued and executed however nothing was taken one of my conditions 4 released from the jail until my court date in April states that I am to have no weapons I voluntarily surrender what I would think of as a potential weapon before researching the official definition of weapon in the state of New Jersey and close to nothing that was seized was on that list of weapons description. When I allowed the local PD to come back into my home to take items from in my bedroom I caught a rookie officer in the other room on a surveillance camera going into a bag of mine that was not included and the reason that they were there my question is was this an unlawful search into that particular bag? Personally I think he was planting something in that bag looked up and saw my video camera realize he was caught and then went back in to retrieve it again nonetheless he should not have even been in that room to begin with as all my items that I was voluntarily giving up we're in my bedroom

  • @Jesse.Glanville
    @Jesse.Glanville 4 года назад

    Dont Trust someone with A LAW LICENSE. Such a License does not exist. Only a 'Temple of Baal BAR Card". BRITISH ACCREDITED REGISTRY. British Agents who's first duty in their by-laws is to the COURTS.

  • @Jesse.Glanville
    @Jesse.Glanville 4 года назад

    FYI a "terry stop" is an arrest. Any detainment is an arrest. Arrest requires in most states a LAWFUL WARRANT or seeing a FELONY occuring. NO TRAFFIC VIOLATION IS EVER VALID FOR A TERRY STOP. Also, "drug" offenses or any statute offenses called "crimes" are UNLAWFUL. NO INJURED PARTY. Proving the courts do not Honor the Constitution requiring an Injured Party. NONE OF ANYTHING USING "LEGAL" IS LAWFUL. Legal is the opposite of Lawful. POLICE OFFICERS ARE NOT LAW. Only the ELECTED SHERRIF is law. They are POLICY ENFORCERS. Enforcing Private Corporate Legal Statutes.

  • @kristennicole4356
    @kristennicole4356 4 года назад

    Could you do a video on the case with Breonna Taylor?

    • @alm.1820
      @alm.1820 3 года назад +1

      They got a search warrant, they didn’t need an exception