青少年法學院 - 警察能做什麼？ - 搜索和扣押

When do the police need to have a search warrant? How do the police get a search warrant? What happens if the police don’t follow the right procedures when they get a search warrant?

This topic, called Criminal Procedure in law school, is about the set of rules that police must follow when the government enforces the law. 

At the federal level, criminal procedure rules will protect the guarantees within the Constitution's Bill of Rights, such as the right to due process and equal protection, the right to legal counsel, the right to confront a witness, the right to a jury trial, and the right not to testify against oneself.

This class will do a high school level walk through of the 4th amendment and the 5th amendment (as it connects to criminal procedure), and mention the 6th amendment. 

The main teaching methods will be discussion in small break out rooms between students, discussion in the main classroom with the teacher, and questioning for clarification from the teacher.

In addition to the discussion format, this class will start to explore various cases from the Supreme Court that further clarify the amendments and how they are applied to our everyday lives. We will look at famous cases like Katz v. United States, Mapp v. Ohio, Terry v. Ohio, and Miranda v. Arizona among several others.

In a general sense, the class will be split into two parts: "Searches'' and "Seizures." The first eight classes will talk mostly about what makes a search legal or illegal, and the second part of the class will talk about what makes a seizure legal or illegal along with custodial interrogations. I will then weave the other parts of criminal procedure into the discussion as they fit what we are talking about.

Due to the free flowing nature of discussions and questions brought by students, the daily schedule will adapt as needed to best serve the students. The daily outline below is a general outline of what we will cover.

Week 1 (August 20 - August 26): What is the 4th Amendment? A History
-	We will look at the history and journey of the colonists to create the 4th Amendment from the English idea of the General Warrant, and why the Founders thought it was so important to protect the citizens from government overreach.

Week 2 (August 27 - September 2): What is a Search?
-  	Before we can identify if a search is reasonable or unreasonable, we need to determine what a search is – we will discuss what a search is in this class.

Week 3 (September 3 - September 9): Searches with a Warrant?
-	 What can be searched with a warrant and how is a warrant executed by the police.

Week 4 (September 10 - September 16 ): Searches without a Warrant: Search Incident to Lawful Arrest
-	Sometimes, there are situations when the police do not need a warrant to execute a search, but there are always limitations associated with that exception. In this lesson, we learn how the police can search a person after a lawful arrest.

Week 5 (September 17 - September 23): Searches without a Warrant: Stop and Frisk
-	What are the criteria for the police to stop and frisk a person on the street?

Week 6 (September 24 - September 30): Searches without a Warrant: Consent Searches
-	If a person gives the police consent, then the police can legally search a person or an area. But under what circumstances can the police get that consent?

Week 7 (October 1 - October 7): Searches without a Warrant: Consent by a Third Party
-	While a person can give consent for a search, when can a third party give consent for that person so that the police may execute a legal search?

Week 8 (October 8 - October 14): Searches without a Warrant: Plain View
-	When can the police seize an illicit substance that is in plain sight without a warrant?

Week 9 (October 15 - October 21): Searches without a Warrant: Vehicle Searches, Airport, and Border Searches
-	Why do vehicles get less legal protection than a house? And why can the government force everyone to go through a search in an airport and at the borders?

Week 10 (October 22 - October 28): Practice Problems
-	Applying our knowledge in several situations will help our understanding of the topic.

Week 11 (October 29 - November 4): Test
-	The practice of retrieving information from our memory helps us deepen our understanding of the topic, which is why we will have a test on the knowledge we have learned so far. This is test is created to remember terms as well as practice thinking like a lawyer.

Week 12 (November 5 - November 11): Seizures – Arrests and Property
-	When can the police arrest a person, and what can they do with the property they seize?

Week 13 (November 12 - November 18): Seizures – Stop and Question and Miranda Warnings
-	When can the police stop and question a citizen (which is different than a stop and frisk), and when do the Miranda Warnings need to be given during an interrogation?

Week 14 (November 19 - November 25): Confessions - Voluntariness
-	What can the police do to get a voluntary confession?

Week 15 (November 26 - December 2): Practice Problems
-	Applying our knowledge in several situations will help our understanding of the topic.

Week 16 (December 3 - December 9): Test
-      The practice of retrieving information from our memory helps us deepen our understanding of the topic, which is why we will have a test on the knowledge we have learned so far. This is test is created to remember terms as well as practice thinking like a lawyer.