Mock Trial 2013-2014/Yonamine Fall Semester Final Trial Laws

LEGAL RULES
SEARCH & SEIZURE Rule: If there was no search warrant, the search is protected under the 4th Amendment if: (1) conducted by a government agent, (2) AND there was probable cause (the average person in that same situation would think that person was suspicious of a crime), (3) AND the person who was searched did not have a legitimate expectation of privacy, (If the person did have a legitimate expectation of privacy there must have been a valid search warrant.) (4) UNLESS one of the following exceptions apply: - search incident to lawful arrest - plain view - consent - stop and frisk - automobile exception - emergencies/hot pursuit SELF DEFENSE Rule: A person acted in self defense if they: (1) felt a threat of harm, (2) AND acted to defend himself/herself, (3) AND used reasonable force (the average person in that same situation would think this amount of force was appropriate) ASSAULT & BATTERY: Rule: A person conducted assault when s/he (1) made a threat, (2) AND appeared to have the ability to carry out the threat. Rule: A person conducted battery if in addition to the above, s/he (3) AND made offensive, physical contact.