This worksheet takes us into our current world of police searches and focuses on the necessary elements to consider regarding the consensual search. It's similar in format to the first worksheet, you

This worksheet takes us into our current world of police searches and focuses on the necessary elements to consider regarding the consensual search. It's similar in format to the first worksheet, you have a scenario of a search that may or may not be consensual, that is for you to decide. Why we call this one "warrant or less" is because if you think the search was NOT consensual, then guess what? That means the search required a WARRANT. So was this search requiring a warrant or less because of consent?  That's for you to decide...   

BE SURE YOU HAVE READ/WATCHED: Consensual Searches/Exigency and Plain View

BE SURE YOU UNDERSTAND: The elements of lawful consent, including consent authority and scope of consent, as well as the ins and outs of plain view.

I have attached the links for the (Worksheet) and the (WARRANT or less Scenario)

https://www.mediafire.com/view/ba71bw82yueq7uv/Screenshot_20240316_191208_Canvas_Student.jpg/file

https://www.mediafire.com/view/g8bkkyl846y69wj/Screenshot_20240316_191216_Canvas_Student.jpg/file

https://www.mediafire.com/file/jay5tqrxbcmjd5p/Warrant_or_Less_Worksheet_-1235662423_1.docx/file

BACKGROUND: The consent search is a valuable tool for police but key is (a) being able to determine that the consent itself as given by an individual was indeed lawful and (b) that the police did not overstep the boundaries of that consent. The plain view doctrine doesn't really complicate matters, it just IS. But as with determining consent, the courts have countless times been called in to adjudge whether plain view exists to allow evidence into cases. This worksheet looks at factors the court considers when determining the legality of a consensual search and the role plain view might play .

INSTRUCTIONS: You should read "Consensual Searches".  The descriptions provided of the factors courts use to determine the lawfulness of consent searches on the worksheet are discussed in more detail in the reading.  You'll apply these factors to the included scenario just as we have done before, going through each factor to decide which type of search (consensual or warrant) you feel is best supported and then defending your final decision based on the strongest factor. You must also watch "Exigency and Plain View" and understand the elements of the Plain View Doctrine in order to be able to recognize whether or not those elements were present.

REMINDER #1: You must type in your responses on the document; and submit the file in its original .docx format. Only delete out the italics below the questions. 

REMINDER #2: ALL answers require in text citation, so remember students receive NO credit for answers without it!