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canada goose outlet parka The first inquiry in the Fourth Amendment analysis is whether there was a search. Then, if canada goose clearance so, was the search reasonable? (And part of the reasonableness test is whether there was a warrant based on probable cause or a recognized exception to the warrant or probable cause requirements.) canada canada goose goose outlet parka

canada goose outlet online In order for there to be a Fourth Amendment “search” (1) the government must (2) invade (3) a valid privacy interest. So, all of the following examples are not searches: canada goose outlet online

canada goose outlet reviews At lunch, a fellow student, without your permission, unzips your backpack and rifles among your canada goose uk shop books. There, the student sees a small baggie of what they suspect cheap canada goose uk is cocaine. They take the bag to a principal who verifies the probable contraband canada goose black friday sale and initiates disciplinary proceedings against you. Going through your bag was canada goose factory sale not a search because the government didn do it. Even if the other student may have also violated a law (trespass, for example), that wasn a Fourth Amendment violation (indeed the Fourth Amendment does not apply because it wasn a search) and the fruits of the search can be used against you. (If the government encouraged the other student to look through your things, then it a more complicated case, and likely that the student actions will be imputed to the government; but if the student acted independently, then it not a Fourth Amendment search, so the analysis ends there.) canada goose outlet reviews

canada goose outlet uk The principal summons you to her office and asks “would you mind if I look canada goose uk outlet in your bag?” You say “no”. She finds contraband there. This is not a search because you gave consent. You are always free to waive your Canada Goose Outlet Fourth Amendment rights and, if you do, then anything that happens within the scope of that consent is not an Canada Goose Parka invasion of your privacy. canada goose outlet uk

canada goose outlet uk sale A middle school SRO pokes his head outside the door immediately after school and sees two students smoking cigarettes. He cites both of them for underage tobacco possession and smoking tobacco on school grounds. This is not a Fourth Amendment search because the SRO was in a place he was allowed to be and personally witnessed evidence of a crime (“plain sight”). What a government agent sees from a location he is allowed to be is not an invasion and, therefore, not a search. canada goose outlet canada goose store uk sale

canada goose outlet sale The SRO sees the same students buy canada goose jacket cheap as before and cannot see any contraband, but does detect an overwhelming odor of marijuana coming from the students. He then searches the students and finds marijuana in their bags. While the bag search is a search (which will be upheld because there is probable cause), the initial smelling is not a search based on the some reasoning as the “plain sight” doctrine, but applied to smell (sometimes called the “plain smell” doctrine). canada goose outlet sale

canada goose outlet new york city A trained police dog walks among student owned cars in an off campus parking lot. The dog alerts to the presence of cocaine in a car. Based on the dog alert, police apply for a search warrant for the car (which will be granted). The dog sniff is not a search for the same reason a human officer can rely on the “plain smell” doctrine. Canada Goose Jackets The dog was in a place it was allowed to be and smelled contraband. That Canada Goose Coats On http://www.canadagoosecanadaoutlet.com Sale is not an invasion and, therefore, not a search. canada goose outlet new york city

canada goose outlet store A student asks for permission to use the secretary office phone to call home while the secretary steps out to make copies. Unbeknownst to the student, the school routinely records calls made on its phone system. The student makes inculpatory statements on the call and the recordings of the student side of the call are later offered as evidence against the student. This is not a search because the student did not have a reasonable expectation of privacy in the open office where anyone could walk in at cheap Canada Goose any time to overhear. canada goose outlet store

canada goose outlet black friday There is a lot of nuance in the last element, whether there is a reasonable expectation of privacy (and it has both subjective and and objective elements, which must both be satisfied for there to be a valid privacy interest). But that going too far down the rabbit hole for now canada goose outlet black friday.