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Author Question: Which of the following situations is covered by the Fourth Amendment? a. Plain view b. Open ... (Read 32 times)

Bernana

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on: Aug 13, 2018
Which of the following situations is covered by the Fourth Amendment?
 
  a. Plain view
  b. Open fields
  c. Abandoned property
  d. All of the answers are correct.

Question 2

Searches of probationers and parolees are a special needs situation, and are permitted without a search warrant. Explain the justification for this exception.
 
  What will be an ideal response?


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Meganchabluk

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Reply #1 on: Aug 13, 2018
Answer to Question 1

d

Answer to Question 2

Warrantless searches of probationers falls under a special need as supervision of
probationers is a special need of the state that justifies a departure from the usual
warrant and probable cause requirements. Consenting to such searches is often a
judge-imposed condition of probation. The same applies to parolees, but for the
reason that convicted offenders have diminished constitutional rights and that,
technically, parolees are under the custody of the Department of Corrections and are
therefore deemed prisoners.


Bernana

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Reply #2 on: Aug 13, 2018
TY


Meganchabluk

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Reply #3 on: Aug 13, 2018
You're welcome


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