Every American must know their rights, more importantly, law enforcement must be informed and up to date with this to be able to fulfill their role effectively. In this webinar, Daniel Coble explores the Fourth Amendment, discussing its limits and scope as defined by the constitution and case law, and important law enforcement pointers surrounding it, particularly for Terry Stops.
Daniel Coble is the Owner of the Coble Law Group, LLC. He previously served as a prosecutor in Columbia, South Caroline and a Magistrate Judge for Richland County, and is recently re-elected for a judicial position. He is the author of the books Pocket Prelims and Florida Rules of Evidence and writes for his legal blog Everyday Evidence.
Specifics of this session’s discussion are on:
- What the Fourth Amendment mandates and its requirements federally as well as the state-level definition of it.
- The questions to ask and factors to account for in search and seizure analysis.
- Who can issue a search warrant, the need for affidavit, and delimiting what can be searched and seized, when, why and how the search the seizure is conducted.
- The concept of probable cause and guidelines on severance and severability.
- How recent changes in US Supreme Court rulings may likewise re-shape the Fourth Amendment.
- How expectation of privacy follows people, not places, and the two-part test to determine its reasonableness.
- Factors determining an individual’s expectations of privacy in someone else’s home, in a car, their cellphone, location information, third-party consent, and cases of abandonment.
- What and where search and seizure pertain to and apply to.
- Exceptions where a search warrant may not be required and the qualifications surrounding these.
- The different circumstances that are exceptions, as in hot pursuit, plain view and Terry stops, among others.
- The concepts of consent and reasonable suspicion that are central in the exceptions.
- Things taken into consideration when it comes to vehicle stops.
- Procedure for things like contraband, guns, drugs, and K-9.
- Exclusionary rules for unlawfully obtained evidence and exceptions in cases of good faith, inevitable discovery, and independent source.
- An overview on suppression hearings and no-knock search warrants and what to consider for these.
Questions raised by the webinar participants are about:
- Serving warrants on electronic devices.
- Requirements to access real-time and historical CLSI data.
- The open conversation rule as it applies to evidence.
- Citing case law in search warrants and reports.
- Searching and doing an inventory of items in a vehicle that is impounded after a traffic stop and the driver detained.
- Expectation of privacy in a defendant’s phone.
- K-9 entering a vehicle uninstructed during a stop.
- Handling language barriers in search and seizures.
Other Webinars with this Speaker
- July 7: Search and Seizure Law and Terry Stops (this webinar)
- Oct 6: He Said/She Said: When Can Hearsay Come into Court?
Resources and Handouts
- Handout: Search and Siezure in South Carolina Federal and State by Daniel M. Coble
- Article: Severing the Severability Doctrine: Why It’s Time the Supreme Court Finally Acknowledges and Severs this Doctrine
- “Very clear and concise explanations of searches and seizures. It’s a complicated process but very good info!” — Anastacia
- “This webinar was full of good information…” — Mary
- “Very informative. Presenter very knowledgeable.” — Samuel
- “The webinar was very educational thank you…” — Damian
- “His knowledge of the Fourth Amendment related to a variety of cases.” — MARVIN
- “Hard topic to give specific training on because of the variations in the state laws. I appreciated the general info presented.” — Robert
- “The law is very helpful, obviously, but having the example situations is the best way to understand these concepts. I appreciate that he did that and the Q&A at the end was great.” — Afton
- “The explanation of cell phone warrants was very valuable to me, especially the case law Riley V CA (2014) and Carpenter v US (2018). This was my first webinar with Justice Clearinghouse, and I wish knew about these webinars sooner! Thank you.” — Kyle
- “Great instructor and great content. Very informative and broken down to easily understand.” — Nikki