Warrants are used in many private criminal investigations, but many governmental agencies “bypass” the need for a judge-signed warrant.  Which one of the situations below does NOT meet the governmental requirement where a warrant is not needed?

Your college evidence teacher, Dr. Wonderful, works for a state community college.  Dr. Wonderful gets very ill and cannot complete his assigned duties.  This, unfortunately, happens, but so long as Dr. Wonderful is not under any criminal investigation, the state, via the community college where the evidence class is being taken, may not search any equipment or records unless Dr. Wonderful provides consent.  The community college can, however, re-assign the class to another qualified instructor. 

With regard to public buildings, airports, and courthouses for example, administrative searches are considered “valid” (any evidence obtained can be used in court as a special need) because of:  1)  the need for security, and 2) persons entering public places where they know they will be “screened” or even searched are doing so are, in essence, consenting to the search or screen to enter.

Three officers approach two male subjects outside a convenience store.  As the officers approach, one of suspects runs.  One officer stays with the non-runner and two officers give chance to the “running man.”  While chasing the man, the officers see him throw a small silver object into some nearby bushes.  They seize running man.  He as no contraband in his possession.  However, upon searching the bushes where the two officers observed running man (later identified as a convicted felon) throw the small silver object, they find a loaded .38 caliber silver plated revolver.  Can the officers arrest running man for possession of the “found” .38? TRUE = Yes FALSE = No  

The Exclusionary Rule applies to police, the executive branch of government, and private persons.

You stay over with a friend for the night.  The police enter the home and arrest your friend with a warrant.  They search you and find a bag of marijuana in your pants pocket and arrest you too!  Are you protected by the 4th Amendment against unreasonable search and seizure? TRUE = Yes, you are protected but take the ride. FALSE = No, you are not protected and you take the ride

In the prior question about “running man,” by what exception to the exclusionary rule can the officers arrest him?

Fortunately, the exclusionary rule, which keeps improperly obtain evidence from being used in court, is also excluded in civil cases.

The Inevitable Discovery Rule, oddly, says that in some circumstances, evidence that was illegally discovered may be admitted into court if it could be shown that the evidence would have been eventually and inevitably discovered.

The exclusionary rule keeps out evidence from the courtroom that was improperly or illegally obtained.