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 SuspicionA “reasonable” (thoughtful, sane, intelligent) person might think something is wrong based on watching a situationThis is the starting point for a warrant…A police officer would need stronger evidence for a warrant
5 Probable CauseMUST have some hard evidence to show that a person is part of a crimeEvidence that would get a warrant:Witness testimonyFingerprintsVideo tape of crime being committedDNA found at the sceneShoe prints found at the sceneHair and clothing fibers found at the scene
6 Search WarrantA legal document issued by a judge that specifically states:WHAT the police are looking forANDWHERE 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.
8 Search Warrant is not needed… When the person gives permission to searchWhen the police believe the evidence WILL be destroyed if they leave to get a warrantIf the person is being arrestedIf 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 jailIf a MINOR INFRACTION (Misdemeanor) of criminal law takes place and is committed in front of the arresting officer
11 FINGERPRINTINGAllowed only if an arrest warrant is issued based on probable cause
12 PLAIN VIEWIf evidence is out in the open it may be used against you, even if it is not listed on a warrant
13 SURGERYState/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 STOPPolice may stop & frisk a person if have the police have reasonable suspicion that criminal activity is going onEXAMPLE: stand on corner in dangerous neighborhood and run away when police in sight – running in high crime area