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Rights of the Accused: The Fourth Amendment

Rights of the Accused: The Fourth Amendment. http://www.washingtonpost.com/wp-dyn/content/video/2011/01/05/VI2011010503318.html?sid=ST2011010602102. AP Government and Politics Chapter 18: Wilson Homework : Read Wilson, Chapter 19 (523-534)

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Rights of the Accused: The Fourth Amendment

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  1. Rights of the Accused: The Fourth Amendment http://www.washingtonpost.com/wp-dyn/content/video/2011/01/05/VI2011010503318.html?sid=ST2011010602102 AP Government and Politics Chapter 18: Wilson Homework: Read Wilson, Chapter 19 (523-534) Read Woll, Chapter 3 “Plessy vs. Ferguson” (133-136) and “Brown vs. Board of Education” (137-143)

  2. The Fourth Amendment • Protection from? • What does it require in order to conduct a reasonable search? • How does an officer get a warrant? • What happens if the government conducts a search which is considered unreasonable? • What exceptions exist? • Good faith • Inevitability

  3. Exceptions to the Exclusionary Rule • Searches conducted after an arrest – When a person is arrested, the officer has the right to search the suspect’s body, and any area within the person’s “immediate control” for safety reasons. • Plain view searches – An officer is permitted to seize evidence so long as two conditions are met. • First, the officer must have the legal right to be at the location. • Second, the police must have “probable cause” that the items observed are evidence of a crime or are contraband. • Consent searches – This exception occurs when a person voluntarily agrees to a search. • Vehicle searches – Searches of mobile vehicles, because they can escape with evidence before a warrant can be granted. • First, the officer must have probable cause to believe illegal evidence is contained within the vehicle before the search • Second, officer must have probable cause that vehicle was about to be moved and that no opportunity existed to acquire a warrant. • Stop and Frisk searches – only where reason exists to believe the public safety is imperiled. This exception requires the following conditions be met: • The officer must have “reasonable suspicion” that a crime is about to be committed. • The officer may pat down the outer clothing of the suspect in seeking a weapon • The officer may invade the suspect’s clothing only upon feeling something that “reasonably” could be a weapon. • Searches pursuant to exigent circumstances – involves emergency circumstances.

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