– 4th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
– Article 1 § 11: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”
– Whenever there is a search or seizure, the first question to ask is whether or not there was a warrant:
– If there is a warrant → The defense carries the burden to show that the search and seizure violated the 4th Amendment or Article 1 § 11.
– If there is no warrant → The state carries the burden to show that the search and seizure was justified by a warrant exception (after the defense objects).
– How to object to a Warrantless Search/Seizure
(1) Judge, may I ask the officer preliminary questions for the purpose of an objection?
(2) Officer, you did not have a warrant in this case, is that correct?
(3) Judge, at this point I am going to object/move to suppress any observations that the officer made after this point. Defendant had been seized and there was no warrant. The state has not met its burden of showing that an exception to the warrant requirement exists, so any further testimony would violate the 4th amendment and article 1 § 11.
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