The Bill of Rights The First Fundamental Changes of the Constitution

Bill of Rights First 10 amendments (changes) are the Bill of Rights Drafted by James Madison June 8, 1789

Bill of Rights 4. 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 by describing the place to be searched, and the persons or things to be seized.

Amendment 4: Unreasonable Searches and Seizures Warrants must have probable cause, supported by oath and describe place to be searched and persons or things to be seized Prevents police from doing all purposes searches If exposed to the public, including your garbage, then they are open to search Airport searches have been ruled constitutional due to the high risk and do not have to have a specific reason Sobriety Checkpoints: police may stop drivers at roadblocks as long as individual drivers are not singled out. If probable cause, Breathalyzers can be used

Amendment 4 Once a person gives consent to search, probable cause is not required Drug Testing: without probable cause, the government can test certain employees if they are involved in public safety or law enforcement Student searches: public school official do not need probable cause to search students, but police need probable cause for searches on school property Schools may require students participating in extracurricular activity to have random drug tests

Types of Searches Search Incident to a Lawful Arrest: most common warrantless search. Police can search suspect and area for weapons or evidence they were destroyed Plain View: An officer does not need a warrant if the evidence is in plain sight Searches can be made during an emergency without a warrant Hot pursuit: Police may follow suspect if they are in pursuit Automobiles: Searches of automobiles do not need a warrant

Exclusionary Rule If illegal search is done, evidence seized must be excluded in court If police believe that the search warrant is legal and act in good faith, then evidence can be used if the warrant later is discovered not be valid on technical grounds

Warrant Clause and Arrests All warrants or court orders must be based on probable cause and signed by magistrate Arrests: warrants are not needed for all arrests, but if a crime is in a home, a warrant is required If an arrest is made, the police officer has to demonstrate probable cause for the arrest in front of a magistrate within 48 hours

4 th Amendment Applies to governmental searches and seizures, but does not cover searches and seizures done by private citizens or organizations not acting on government’s behalf Applies to governmental searches and seizures, but does not cover searches and seizures done by private citizens or organizations not acting on government’s behalf Bill of Rights originally limited federal government, but under due process clause of the 14 th amendment, state governments are also under this amendment— Wolf v. Colorado Bill of Rights originally limited federal government, but under due process clause of the 14 th amendment, state governments are also under this amendment— Wolf v. Colorado

Expansion of 4 th Amendment As powers of federal government to do searches and seizures, especially after the Interstate Commerce Act and Sherman Anti-Trust Acts, cases to the Supreme Court over the 4 th amendment increased As powers of federal government to do searches and seizures, especially after the Interstate Commerce Act and Sherman Anti-Trust Acts, cases to the Supreme Court over the 4 th amendment increased

Reasonable Search and Seizure “Where there is probable cause to believe that a criminal offense has been or is being committed” “Where there is probable cause to believe that a criminal offense has been or is being committed” Reasonableness requirement applies not just to a search in combination with a seizure, but in searches without seizures Reasonableness requirement applies not just to a search in combination with a seizure, but in searches without seizures

Search Katz v. United States, 1967: Supreme Court ruled that a search occurs only when a person expects privacy in the thing searched and society believes that expectation is reasonable Katz v. United States, 1967: Supreme Court ruled that a search occurs only when a person expects privacy in the thing searched and society believes that expectation is reasonable This case concerned the wiretapping of a telephone booth This case concerned the wiretapping of a telephone booth

Stop and Frisk Terry v. Ohio, 1968: law enforcement officers are permitted to conduct limited warrantless searches on a level of suspicion less than probable cause such as unusual conduct, showing of weapons and endangering others Terry v. Ohio, 1968: law enforcement officers are permitted to conduct limited warrantless searches on a level of suspicion less than probable cause such as unusual conduct, showing of weapons and endangering others

Seizure Meaningful interference by the government with an individual’s property such as government seizure of property to use as evidence Meaningful interference by the government with an individual’s property such as government seizure of property to use as evidence Questioning an individual in a public place is not seizure Questioning an individual in a public place is not seizure Seizure of a person requires physical force or show of authority Seizure of a person requires physical force or show of authority

Exclusionary Rule Provides that evidence obtained through a violation of the 4 th amendment is not admissible by the prosecution in trial Provides that evidence obtained through a violation of the 4 th amendment is not admissible by the prosecution in trial

Unreasonable Searches and Seizures Non-consensual extraction of blood Non-consensual extraction of blood Gathering of fingerprints from free persons Gathering of fingerprints from free persons Booking procedures are not under these types of seizures Booking procedures are not under these types of seizures