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The 4 th Amendment

The 4 th Amendment. Chapter 20.2. The 4 th Amendment. Prevents Writs of Assistance Blanket Search warrants “ The right of people…against unreasonable search and seizure…no warrants shall issue but upon probable cause. ” The 14 th Amendment extends this guarantee to the states

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The 4 th Amendment

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  1. The 4th Amendment Chapter 20.2

  2. The 4th Amendment • Prevents Writs of Assistance • Blanket Search warrants • “The right of people…against unreasonable search and seizure…no warrants shall issue but upon probable cause.” • The 14th Amendment extends this guarantee to the states • The states must also follow this principle.

  3. Probable Cause • Reasonable suspicion of a crime • “Plain View” v. anonymous tips • Arrest- Seizure of a person • arrests do not need search warrants-probable cause. • Automobiles • “Movable crime scene” • California v. Acevedo-1991 • “one clear cut rule to govern automobile searches” • Police can search anything inside of a car if they have probable cause • Even “closed containers”

  4. Exclusionary Rule • In an unlawful search and seizure, can tainted evidence be used? • If evidence is gained through unlawful means it may not be used in a trial court. • Mapp v Ohio-1961 • Illegal search for gambling evidence turned up something else • 14th amendment forbids unreasonable searches and seizures in states • In a state court the “fruits of an illegal search” cannot be used

  5. Exceptions to the Exclusionary Rule • “Inevitable Discovery” • If evidence would have been discovered; it’s okay • “Good Faith” • police tried to follow the law • “Honest Mistakes” • Evidence as the result of a mistaken search

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