The 4th Amendment Notes 5-3

2 Types of Law 1. Criminal Law 2. Civil Law punishing those who commit (violent) crimes EX: Murder, Rape, Assault, Robbery, Arson, Burglary/Theft 2. Civil Law concerns liability for damages or property EX: car damages, child support/custody, wrongful death Criminal: For offenses committed against society Criminal acts violate public order/peace Local, State, or Federal govts prosecute these cases

The 4th Amendment No unreasonable search and seizure Protects people & their things when they have a right to expect privacy Video Link – The 4th Amendment Police cannot carry out “unreasonable” searches and seizures of a person or their property (house, papers, effects, persons) * Need a warrant issued by a judge, ** warrants must be based on suspicion that a person is involved in a crime (probable cause) and… *** warrants must detail specifically what police will search, where, when, and what they are looking for

Should the government be able to spy on it’s citizens?

Terms Probable Cause: Warrant: court order that allows police to reasonable belief a crime was committed based on facts Warrant: court order that allows police to make an arrest search a person or place take property as evidence In order to get a warrant police must first show there is __________ ___________. (Probable Cause)

4th Amendment – Welcome Mat

Police technology at the U.S. Border

Exclusionary Rule Weeks v. U.S. (1914) and Mapp v. Ohio (1961) Illegally obtained evidence cannot be used in Federal or State courts Nix v. Williams: can improperly obtained evidence be excluded from a trial? Not if it would have been discovered eventually Illegally obtained evidence is admissible if it would have been “inevitably” discovered by lawful means (Nix v. Williams)

Searches without warrants Terry v. Ohio (1968) considered reasonable if police have probable cause to believe a suspect will… escape destroy evidence harm others Other than police, who do you think has the legal authority to make a search of you with or without a warrant? - airports, customs, border patrol, schools, stadium security Students have a reduced expectation of privacy when in school…rights are relative. Privacy of students is balanced with need to keep schools safe and maintain order and discipline **schools DO NOT need Probable Cause or a Warrant, school officials only need reasonable suspicion Schools have main priority of keeping students safe; therefore, schools DO NOT need a search warrant or probable cause before conducting a search of students NJ search was ruled “reasonable” by the Supreme Court Some Supreme Court Justices dissented and said students have same rights in school as adults outside of school Schools act In loco parentis – “ in the place of parents”

Searches without warrants New Jersey v. T.L.O. (1985) Schools can search students if there are reasonable suspicions Can be searched by… police, airports, customs, border patrol, FBI A case in which the Court held that a New Jersey public school principal has the right to search a student's purse without a warrant.

Good Faith Exception U.S. v. Leon (1984) Good Faith Exception: if police believe search is legal then the search can be admitted in court

Should police be allowed to search your cell phone after arresting you? Video Link

Surprising ways the Police can search you Link