The Fourth Amendment is very important in Evidence Law. As you wrote about for your first essay, the exclusionary rule will sometimes mean that evidence obtained improperly will not be available as evidence in a criminal trial. For this essay please answer the following questions which address Fourth Amendment applicability and the application of those principles to a current issue in criminal evidence.
1) What are the two important factors mentioned in your text for determining when a “search” takes place? 2) Briefly explain those two factors and the important considerations that help define their parameters. 3) What were the main points made in your text underlying the areas of “open fields and curtilage” and “enhancement devices”? 4) Using those concepts, please consider the current issue at page 95 of your text and answer some of the questions in the 2d paragraph, and specifically the first question at the bottom of the page addressing limits on this activity, and why?
This assignment is intended to allow you to show your competence and understanding of the course materials as we progress through the semester. These responses are to be 3-4 pages in length, with a thorough but succinct answer to the posed research questions.
(Need Textbook: Criminal Evidence: An Introduction (3rd edition) Worrall, John L., Hemmens, Craig, & Nored, Lisa S., (2018).