THE 4 TH AMENDMENT The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall.

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Presentation transcript:

THE 4 TH AMENDMENT 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.

RIGHTS OF THE ACCUSED INNOCENT UNTIL PROVEN GUILTY POLICE NEED EVIDENCE AND IT MUST BE OBTAINED LEGALLY

HOW CAN POLICE OBTAIN EVIDENCE LEGAL SEARCH AND SEIZURES Search warrant- police must need probable cause, it must describe the places to be searched and the person or things needed to be seized Plain view- Something that can be seen out in the open by the police

Payton v. New York Supreme Court case Ruled that police cannot search a home unless they have a warrant unless it is a life – threatening emergency

Special Situations Whren v. United States- ruled police to search if they see someone breaking the law California v. Greenwood- ruled the police can search your trash without a warrant

Exclusionary Rule Illegally obtained evidence cannot be used in court U.S. v Leon- states as long as police act in good faith when asked for a warrant, the evidence they collect may be used in court even if the warrant turns out to be flawes

California v Acevedo The court ruled that the police were free to search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained

High School and Search and Seizure New Jersey v. T.L.O. School officials do not need a warrant or probable cause to search students or their possessions. They only need reasonable suspicion. Vernonia School District v. Acton- Court ruled that all students competing in sports could be drug tested.