Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style, the book addresses tough, important issues that directly affect today’s youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.
Chapter 5: Exceptions Swallow the Rule Warrantless Searches
Exceptions Swallow the Rule Warrantless Searches
“When the right of privacy must reasonably yield to the right of search is, as a rule, to be decided by a judicial officer, not by a policeman or a Government enforcement agent.”
The basic constitutional rule is that what makes a police search of your body and your belongings reasonable is a search warrant. Without a search warrant, any evidence found during a search can be thrown out during trial. So under the Fourth Amendment, before searching or apprehending you, the police must ...