FOURTH AMENDMENT Search and Seizure

Fourth 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 and affirmation, and particularly describing the place to be searched, and the persons or things to be seized”

Origins of 4 th Amendment: The General Warrant  Existed in England  King’s agents given permission to search by an order signed by the king  Could search whatever they wanted without looking for anything specific –1. taxes –2. capture criminals –3. discourage poaching –4. look for stolen goods

Opposition to General Warrant  Began in England  “A man’s home is his castle”  There were things a govt. had no right to do to its people  Should be specific – who or what to search for and where to search for it

Reasons for Searches and Warrants  Reasonable suspicion = suspecting that a person is involved in a criminal activity  Probable cause = during a suspicious inquiry there is evidence found that supports criminal activity was taking place

The Arrest for Seat Belt Violations Page 139: Read the scenario Answer questions a, b, c, d

Searches and Warrants  Exclusionary rule = evidence obtained illegally will be removed from the trial (Suppression Hearing before trial starts)  Eavesdropping warrant = must state who is to be listened to and what kind of conversation the officer is trying to hear

When a warrant is NOT needed:  Search pursuant to a lawful arrest evidence found during an arrest (stop and frisk)  Hot pursuit = chasing a person who has just committed a crime (entering a home/business)  Exigent circumstances = an event/occasion that requires immediate action (emergency – not murder)

When a warrant is NOT needed:  Consent = the person giving permission for the search/entry into home/apartment.  Third party consent = sufficient relationship or common authority to the property to be searched. Common areas not bedrooms.  Plain view/open view = contraband can be seized w/o a warrant if found during a search OR if an officer sees the contraband without conducting a search, it may be seized.

When a warrant is NOT needed :  Vehicle search = lesser expectations of privacy. “wing span” is open for search and arrest. Locked glove box, trunk and toolbox are open when contraband is found in wing span. All may be arrested if contraband is found in the car.  Canine search = an extension of the officer. Can search cars, lockers, open areas not people.

When a warrant is NOT needed :  Inventory Searches = can search abandoned cars/property to make a list of what is in it

The Unlucky Couple Read the scenario and answer questions a, b, c, d, e, f