THE FOURTH AMENDMENT Constitutional Law

Fourth Amendment The fourth amendment of the constitution provides protection against unreasonable intrusions by government Regarded as the Search and Seizure Amendment Main emphasis ‘probable cause’ is noted language

Fourth Amendment Rules of search and seizure not found in amendment result from judicial interpretations Protections extended to: houses persons papers effects

Fourth Amendment U.S. Supreme Court set standards for search and seizure across all states States can establish higher standards this makes 4th amendment standards complex and tough to follow Areas of focus for the 4th amendment: probable cause and reasonable expectation of privacy

Fourth Amendment The fourth amendment can be difficult to interpret because of language such as unreasonable Courts have a hard time determining what constitutes unreasonable Separate rules for each situation Reasonable-prudent test

Events not Protected There are events that the fourth amendment does not protect: searches and seizures by private persons searches and seizures of abandoned property matters exposed to public view canine inspections to detect narcotics

Events not Protected If the activity does not involve violating an expectation of privacy or the police, it is not regarded as a search The fourth amendment was designed to protect people from government, not from each other The fourth amendment protects people, not places

Remedy for Violating the Amendment Remedy designed by the courts is to make the results of the search inadmissible Exclusionary Rule pertains to all information or property Defining cases: Weeks vs. United States (1914)and Mapp vs. Ohio (1961)

Warrants and Probable Cause Fourth amendment covers several activities other than search and seizure detentions investigative stops arrests Activities covered are: searching persons for evidence searching places and things for evidence seizing evidence

Warrants and Probable Cause Understanding of search and of seizure are required Search: if the police intrude on a person’s reasonable expectation of privacy Seizure: if the police interfere with a person’s possessory rights in property

Warrants and Probable Cause An event involving search and seizure is evaluated based on the level of invasiveness Items that can be seized: fruits of the crime instruments used to commit the crime contraband mere evidence-items that ‘link’

Warrants and Probable Cause Warrants are generally always required unless an exception exists consent search incident to an arrest (Chimel) exigent circumstances (emergency)

Warrants and Probable Cause Items that are discovered in plain view during a lawful search are admissible. Plain view items do not constitute search A warrant cannot be issued “but upon probable cause” requires a neutral party make the determination

Warrants and Probable Cause Probable cause can be a vague and flexible concept determined by type of case-urgency Judges use their own judgment to determine if a warrant is justified Information must be “fresh”

Warrants and Probable Cause Judges are put into place between the individual and police to assure the police are acting properly. Considered a neutral decision maker makes determination of probable cause, what can or cannot be searched, what should or should not be seized

Warrants and Probable Cause Warrant requirement can be avoided stop and frisk (Terry vs. Ohio) Search incident to arrest (Chimel vs. California Special needs of law enforcement (border searches, airports, schools) Exigent circumstances (emergency)

Warrants and Probable Cause Exceptions Consent (must have authority) Motor vehicles (mobile) inventory search (requires dept. policy)

Warrants and Probable Cause Warrants have three components Warrant Affidavit Return to warrant Must be served and returned within ten (10) days of judges signature daytime service 6am to 10pm

Seizure Search and seizure are generally terms used together but they are very different events You can have a search without a seizure and a seizure without a search four reasons to seize: evidence determine ownership or content prevent movement safekeeping

Things to Know parts of a search warrant daytime service requirements Knock and announce search seizure exceptions to warrant requirement what can be seized why search