The Fourth Amendment What Are Your Rights? Mr. Carr Social Studies
What is the Fourth 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.
Why is this Amendment important today? Safety Individual Privacy Personal property rights Prevents unreasonable searches without a warrant
What Price Do We Pay For Our Freedom? Should law enforcement have the right to search people without probable cause? Would there be advantages to random searches? If you have nothing to hide, why would you care about random searches?
What Is A Search Warrant And When Are They Necessary? A search warrant is an order signed by a judge that authorizes police officers to search for specific objects or materials at a definite location at a specified time. They are needed to search a suspected person’s property who they believe has illegal items on that property.
How Are Search Warrants Obtained? Police officers obtain warrants by convincing a judge or magistrate that they have "probable cause" to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there. Usually, the police provide the judge or magistrate with information in the form of written statements under oath, called "affidavits," which report either their own observations or those of private citizens or police undercover informants.
Can A Police Officer Enter Your Home Without A Warrant? A police officer must have a search warrant to enter a property, regardless of probable cause. However, if an officer has a warrant they must “knock and announce” before entering a property. If nobody answers the door after a short period of time, officers have the right to knock it down and enter the premises.
What Would Life Be Like Without the Fourth Amendment? Anyone could be searched at anytime Racial Profiling Lack of privacy It could possibly cut down on crime. If criminals knew that they could be searched for no reason, they may be deterred from the act.