1. 4th Amendment

2. Translate 4th Amendment into Your Own Words
“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”

3. 4th Amendment Protection against unreasonable searches and seizures
The protections offered by the 4th Amendment keep the rights to privacy and personal security protected

4. Reasonable Suspicion
A “reasonable” (thoughtful, sane, intelligent) person might think something is wrong based on watching a situation
This is the starting point for a warrant…A police officer would need stronger evidence for a warrant

5. Probable Cause
MUST have some hard evidence to show that a person is part of a crime
Evidence that would get a warrant:
Witness testimony
Fingerprints
Video tape of crime being committed
DNA found at the scene
Shoe prints found at the scene
Hair and clothing fibers found at the scene

6. Search Warrant
A legal document issued by a judge that specifically states:
WHAT the police are looking for
AND
WHERE the police may look
**If the police don’t follow the details of the warrant then the evidence they find might not be allowed in court. It could not be used to try to convict the criminal.

7. Search Warrant

8. Search Warrant is not needed…
When the person gives permission to search
When the police believe the evidence WILL be destroyed if they leave to get a warrant
If the person is being arrested
If the police are chasing someone (Hot Pursuit)

9. ARRESTS An arrest needs a warrant to be legal
HOWEVER, an arrest can happen without a warrant if:
A SERIOUS CRIME (Felony) takes place and there is no time to get a warrant because the crime is in progress. A judge will decide if there is probable cause to continue holding the person in jail
If a MINOR INFRACTION (Misdemeanor) of criminal law takes place and is committed in front of the arresting officer

10. Arrest Warrant

11. FINGERPRINTING
Allowed only if an arrest warrant is issued based on probable cause

12. PLAIN VIEW
If evidence is out in the open it may be used against you, even if it is not listed on a warrant

13. SURGERY
State/government may NOT compel/require major surgery under general anesthesia to get evidence unless there is absolutely no other way to obtain the evidence needed in the case OR some harm may come to the person if the surgery is NOT performed.

14. TERRY STOP
Police may stop & frisk a person if have the police have reasonable suspicion that criminal activity is going on
EXAMPLE: stand on corner in dangerous neighborhood and run away when police in sight – running in high crime area