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The 4 th Amendment

The 4 th Amendment. By : Katey Lemberg. The 4 th Amendment.

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The 4 th Amendment

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  1. The 4th Amendment By: Katey Lemberg

  2. The 4th 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 or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  3. The 4th Amendment • The Police HAVE to have a Warrant to search. • The people and their things are safe unless the item or person is what the police are looking for AND they have a Warrant. • No unreasonable searches and seizures.

  4. The 4th Amendment • The 4th Amendment was sighed into the law December 15, 1791. • The 4th Amendment is part of the Bill Of Rights. (Rivera 43)

  5. What Is a Search Or Seizure? • A private search requires a Warrant. (Katz v. US) • A public search does not need a Warrant. • The police can’t seize you without a Warrant. • When seized a reasonable person would need to believe that (s)he was not free to leave. • When a person consents to answer questions, (s)he is NOTseized. (US v Mendenhall)

  6. Exceptions • The 4th Amendment applies to “Stop and Frisk” procedures. • Whenever a police officer accosts an individual and restrains his\her freedom to walk away, that person is “Seized” within the meaning of the 4th Amendment. • An officer may make an intrusion short of arrest where that officer has reasonable apprehension of danger before being possessed of information justifying arrest. (Terry v. Ohio)

  7. Exceptions • A search is not unreasonable if based on facts that would justify issuing a Warrant has not been actually obtained. • A car is readily mobile and Probable Cause exists to believe it contains contraband. • Police are permitted to search the vehicle WITHOUT Warrants. (Maryland v. Dyson)

  8. Exceptions • Schoolchildren have legitimate expectations of privacy. • They may find it necessary to carry with them a variety of items. • There is no reason to conclude that they have necessarily waived all right to privacy in such items by bringing them onto school grounds. • School officials need Probable Cause school rules (not only laws) are broken to search. (New Jersey v. T.L.O.)

  9. Exceptions • 4th Circuit affirms the district court’s holding that various warrantless searches of an employee’s computer did not violate his\her 4th Amendment protection against unreasonable government search and seizures. • The employer can consent to the search without the employee’s consent when it is the employer’s property. (United States of America v. Mark L. Simons)

  10. Exclusionary Rule • Where letters and paper of the accused were taken from his\hers premises by an official of the United States, acting under color of office. • “No man’s house can be forcibly opened, or (s)he or his\her goods be carried away after it has thus been forced, except in cases of felony; and then the sheriff must be furnished with a warrant, and take great care lest (s)he commit a trespass. • The Exclusionary Rule is when the evidence you got without a warrant is excluded from being used to prosecute in court. (Weeks v. United States)

  11. Exclusionary Rule • A Police officer can say (s)he has a warrant to search you. • You reasonably can’t argue with the officer and can assume that the officer has the warrant. • If the police don’t have a warrant they get in trouble by the Exclusionary Rule. (USA v. Ziegler)

  12. Bibliography Katz v. United States. Justia.com US Supreme Court Center. 9/18/2011 <http://supreme. justia.com/us/389/347/case.html> Maryland v. Dyson. Justia.com US Supreme Court Center. 9/18/2011 <http://supreme. justia.com/us/527/465/case.html> New Jersey v. T.L.O. Justia.com US Supreme Court Center. 9/18/2011 <http://supreme. justia.com/us/469/325/case.html> Rivera, Elise B. ed. Pocket Constitution. Washington DC: Cato Institute, 2004. Terry v. Ohio. Justia.com US Supreme Court Center. 9/18/2011 <http://supreme. justia.com/us/392/1/case.html> United States v. Mendenhall. Cornell University Law School. 9/18/2011 <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0446_0544_ZS. html> United States of America v. Mark L. Simons. Internet Library of Law and Court Decisions 9/18/2011 <http://www.internetlibary.com/cases/lib_case131.cfm> USA v. Ziegler Federal Circuits. 9/18/2011 <http://fedral-circuits.vlex.com/vid/usa-v-ziegler-28420111> Weeks v. United States. Justia.com US Supreme Court Center. 9/18/2011 <http://supreme. justia.com/us/232/383/case.html>

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