Reference no: EM131614983

(1) Generally, it is "black letter law" that police should obtain a warrant in advance to search a home or other dwelling. Identify (name) three exceptions to this "bright line rule" and explain each briefly.

(2) Searches of a person incident to a lawful arrest are reasonable because the arrest means that "probable cause" has been found to exist. Since this is the same standard as that in the warrant clause, the legal standard for the search has been met. When an arrest is made while the person is within or near a vehicle, however, the question becomes whether the search can extend beyond the person to any part of the vehicle. This has been a vexing area of the law for nearly 100 years. Recently, the Supreme Court announced new rules for such a search in Gant v. Arizona. Explain the holding in Gant so we may understand what is, and is not, permitted in this context.

(3) In order for an officer to make a seizure under the "plain view" doctrine, what two facts/criteria must be met? Be specific.

(4) The article on digital photography discusses the "Best Evidence Rule" and its relevance. What does the "Best Evidence Rule" say. Are digital photographs likely covered by its definition and reach? Why or why not?

(5) Authenticating computer generated evidence is the topic of the final reading for this week. Many of these issues arise with respect to the "Business Records Exception" to the Rules of Evidence. What is the nature of the "business records exception"? Why does it even need to exist and what must be shown for it to be invoked? With respect to computer generated business records, are they covered by the "Business Records Exception" and admissible into court? What must be shown for computer generated business records to be admitted into evidence?