LAWFUL OR UNLAWFUL SEARCH? YOU BE THE JUDGE

1. Mr. H searches your Locker 2. You go through a metal detector at school

3. Security at the Pens game searches your bag 4. Police go through your garbage cans on trash day

5. Police use a high power camera to look through your street level windows 6. Police fly over your fenced in back yard in a helicopter and take photos

7. You approach the K9 to pet him. He smells you, then barks. 8. You get arrested for drunk driving. The cops pat down your pockets and find drugs.

9. Google places satellite photos of your home on the internet for Google earth 10. In the course of running from the police, you run into a house. The police enter the house to look for you, and find you (and drugs) in the home.

11. You let the police into your home after they knock on the door. They ask to look around. You say “yes.” They find open beer cans, and you are under 21. They want to give you a breathalyzer, and you refuse.

12. You let the police into your home after they knock on the door. The police hear a scream in the other room and go check it out, where they find your drunk (idiot) friends and the beer. You are under 21.

1. When does the 4thA apply? Whenever you have a “reasonable expectation of privacy” in the place to be searched Whenever you have a “reasonable expectation of privacy” in the place to be searched Home – high expectation; Home – high expectation; Trash on curb – low expectation Trash on curb – low expectation Helicopter hovering above home – high expectation; Helicopter hovering above home – high expectation; High altitude aerial photo – low expectation High altitude aerial photo – low expectation

2. What is the Rule? If you have a reasonable expectation of privacy in the place to be searched, a warrant is required before police/government can search If you have a reasonable expectation of privacy in the place to be searched, a warrant is required before police/government can search

3. What is required for the police to get a Search Warrant? To get a search warrant, police need Probable Cause To get a search warrant, police need Probable Cause Probable Cause: facts and circumstances based on trustworthy information that would lead a reasonable person to believe that a crime has been or is being committed Probable Cause: facts and circumstances based on trustworthy information that would lead a reasonable person to believe that a crime has been or is being committed a judge or magistrate decides whether to issue a search warrant a judge or magistrate decides whether to issue a search warrant

4. Are search warrants needed during an arrest? It depends… It depends… Arrested in the commission of a crime – no warrant needed but a hearing before a judge must occur within 48 hours to show probable cause for the arrest/search Arrested in the commission of a crime – no warrant needed but a hearing before a judge must occur within 48 hours to show probable cause for the arrest/search An arrest made in a person’s home requires a warrant An arrest made in a person’s home requires a warrant

5. Are there other exceptions to the Warrant requirement? Yes, there are a number of exceptions where the need to preserve evidence and/or protect the public outweighs a person’s 4th Amendment rights: Yes, there are a number of exceptions where the need to preserve evidence and/or protect the public outweighs a person’s 4th Amendment rights: Search Incident to Lawful Arrest – safety issue Search Incident to Lawful Arrest – safety issue Plain View – no expectation of privacy Plain View – no expectation of privacy Hot Pursuit – police may chase criminal into building Hot Pursuit – police may chase criminal into building Automobiles – threat of getting away; less expectation of privacy in vehicles compared to homes Automobiles – threat of getting away; less expectation of privacy in vehicles compared to homes Exigent Circumstances – bomb threat, screams, fire Exigent Circumstances – bomb threat, screams, fire

6. Is a search ever reasonable without a Warrant and without Probable Cause? Yes, under very specific conditions… Yes, under very specific conditions… Ex. Consent to Search Ex. Consent to Search Ex. Sobriety Checkpoints where every car is searched Ex. Sobriety Checkpoints where every car is searched Ex. Boarder Crossing Ex. Boarder Crossing Ex. Airports Ex. Airports Ex. Drug Testing by the Federal Government on employees Ex. Drug Testing by the Federal Government on employees Ex. School Officials searching student lockers; NOTE – Police need probable cause; school officials DO NOT Ex. School Officials searching student lockers; NOTE – Police need probable cause; school officials DO NOT

7. What happens if a search violates the 4th Amendment? The Exclusionary Rule states that illegally seized evidence is prohibited from being admitted and used against a criminal defendant at trial. Weeks v. United States (1914) The Exclusionary Rule states that illegally seized evidence is prohibited from being admitted and used against a criminal defendant at trial. Weeks v. United States (1914) The Exclusionary Rule applies to the Federal Government and all State Governments. The Exclusionary Rule applies to the Federal Government and all State Governments. However, when police rely in good faith on a search warrant that later is found to be technically invalid, the evidence discovered in the search is admissible However, when police rely in good faith on a search warrant that later is found to be technically invalid, the evidence discovered in the search is admissible

LAWFUL OR UNLAWFUL SEARCH? YOU BE THE JUDGE

1. Mr. H searches your Locker 2. You go through a metal detector at school

3. Security at the Pens game searches your bag 4. Police go through your garbage cans on trash day

5. Police use a high power camera to look through your street level windows 6. Police fly over your fenced in back yard in a helicopter and take photos

7. You approach the K9 to pet him. He smells you, then barks. 8. You get arrested for drunk driving. The cops pat down your pockets and find drugs.

9. Google places satellite photos of your home on the internet for Google earth 10. In the course of running from the police, you run into a house. The police enter the house to look for you, and find you (and drugs) in the home.

11. You let the police into your home after they knock on the door. They ask to look around. You say “yes.” They find open beer cans, and you are under 21. They want to give you a breathalyzer, and you refuse.

12. You let the police into your home after they knock on the door. The police hear a scream in the other room and go check it out, where they find your drunk (idiot) friends and the beer. You are under 21.