DO NOW – Friday, December 6 What do you think “unreasonable” means? A man is seen walking into an apartment with a grey duffel bag. He is then seen coming.

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Presentation transcript:

DO NOW – Friday, December 6 What do you think “unreasonable” means? A man is seen walking into an apartment with a grey duffel bag. He is then seen coming out of an apartment five minutes later with a black briefcase. The apartment is in an area that is known for drug trafficking. Can the police arrest the man or search the apartment?

The Fourth Amendment on searches 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.

Mini-Discussion According to the Fourth Amendment… What do the police need to have before they conduct a search of a house? Where do the police go to get a warrant? What do the police have to prove in order to get a warrant? Why do you think so much information is necessary?

What is a “warrant?” warrant - a court order commanding that the person named may be taken into custody or that a person or place may be searched

What do police need to get a warrant? Getting a warrant requires that police demonstrate probable cause. probable cause – a belief based on solid evidence that a specific person has committed a crime

What does it take to prove probable cause? Proving probable cause takes… LESS evidence than required to prove a person guilty at trial MORE than suspicion or hearsay suspicion - an idea or hunch that is not supported by solid evidence hearsay – a rumor that is not directly heard or observed by police

How do you decide if there’s probable cause? There is no exact formula for determining if there’s probable cause. It’s a judgment call. Police must consider the facts and then decide when to write a warrant. If it’s too early, the judge may dismiss it. If it’s too late, the crime may already have happened and the suspect may get away.