1. THE FOURTH AMENDMENT
Constitutional Law

2. Fourth Amendment
The fourth amendment of the constitution provides protection against unreasonable intrusions by government
Regarded as the Search and Seizure Amendment
Main emphasis ‘probable cause’ is noted language

3. Fourth Amendment Rules of search and seizure not found in amendment
result from judicial interpretations
Protections extended to:
houses
persons
papers
effects

4. Fourth Amendment
U.S. Supreme Court set standards for search and seizure across all states
States can establish higher standards
this makes 4th amendment standards complex and tough to follow
Areas of focus for the 4th amendment: probable cause and reasonable expectation of privacy

5. Fourth Amendment
The fourth amendment can be difficult to interpret because of language such as unreasonable
Courts have a hard time determining what constitutes unreasonable
Separate rules for each situation
Reasonable-prudent test

6. Events not Protected
There are events that the fourth amendment does not protect:
searches and seizures by private persons
searches and seizures of abandoned property
matters exposed to public view
canine inspections to detect narcotics

7. Events not Protected
If the activity does not involve violating an expectation of privacy or the police, it is not regarded as a search
The fourth amendment was designed to protect people from government, not from each other
The fourth amendment protects people, not places

8. Remedy for Violating the Amendment
Remedy designed by the courts is to make the results of the search inadmissible
Exclusionary Rule
pertains to all information or property
Defining cases: Weeks vs. United States (1914)and Mapp vs. Ohio (1961)

9. Warrants and Probable Cause
Fourth amendment covers several activities other than search and seizure
detentions
investigative stops
arrests
Activities covered are:
searching persons for evidence
searching places and things for evidence
seizing evidence

10. Warrants and Probable Cause
Understanding of search and of seizure are required
Search: if the police intrude on a person’s reasonable expectation of privacy
Seizure: if the police interfere with a person’s possessory rights in property

11. Warrants and Probable Cause
An event involving search and seizure is evaluated based on the level of invasiveness
Items that can be seized:
fruits of the crime
instruments used to commit the crime
contraband
mere evidence-items that ‘link’

12. Warrants and Probable Cause
Warrants are generally always required unless an exception exists
consent
search incident to an arrest (Chimel)
exigent circumstances (emergency)

13. Warrants and Probable Cause
Items that are discovered in plain view during a lawful search are admissible. Plain view items do not constitute search
A warrant cannot be issued “but upon probable cause”
requires a neutral party make the determination

14. Warrants and Probable Cause
Probable cause can be a vague and flexible concept
determined by type of case-urgency
Judges use their own judgment to determine if a warrant is justified
Information must be “fresh”

15. Warrants and Probable Cause
Judges are put into place between the individual and police to assure the police are acting properly.
Considered a neutral decision maker
makes determination of probable cause, what can or cannot be searched, what should or should not be seized

16. Warrants and Probable Cause
Warrant requirement can be avoided
stop and frisk (Terry vs. Ohio)
Search incident to arrest (Chimel vs. California
Special needs of law enforcement (border searches, airports, schools)
Exigent circumstances (emergency)

17. Warrants and Probable Cause
Exceptions
Consent (must have authority)
Motor vehicles (mobile)
inventory search (requires dept. policy)

18. Warrants and Probable Cause
Warrants have three components
Warrant
Affidavit
Return to warrant
Must be served and returned within ten (10) days of judges signature
daytime service 6am to 10pm

19. Seizure
Search and seizure are generally terms used together but they are very different events
You can have a search without a seizure and a seizure without a search
four reasons to seize:
evidence
determine ownership or content
prevent movement
safekeeping

20. Things to Know parts of a search warrant daytime service requirements
Knock and announce
search
seizure
exceptions to warrant requirement
what can be seized
why search