FOURTH AMENDMENT

1. FOURTH AMENDMENT Freedom from unreasonable searches & seizures

2. Our Objectives!  • Describe protections and purpose of the 4th Amendment • Define and Explain the Exclusionary Rule • Understand the difference between "Probable Cause" and "Reasonable Suspicion” • Identify exceptions to "Probable Cause"

3. VOCABULARY • WARRANT: Document given to a police officer that allows him/her to invade a person’s property (searching) or interfere with a persons property or freedom (seizure) • PROBABLE CAUSE: Enough evidence for a reasonable person to believe that an illegal act is or was committed. Must describe facts in detail. • EXCLUSIONARY RULE: You cannot use evidence in a trial that was obtained (found) illegally • REASONABLE SUSPICION: Some facts and inferences that show an illegal act is or was committed

4. What does it say? • “The right of the people to be secure in their persons, houses, papers or effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…and describing the place to be searched, and the persons or things to be seized” • - 4th Amendment, U.S. Constitution

5. Translated, please! • You and your “stuff” can’t be arrested, searched, or taken (searched or seized) unless a cop has a warrant. To get a warrant, a cop needs specific facts and evidence (probable cause) that a crime was or is being committed. • -4th Amendment, in common language

6. PURPOSE OF THE 4th AMENDMENT Why do we need it?! • Please read, “What is the History of the 4th Amendment” and “What is the Purpose and Importance of the Fourth Amendment?” • When you’re done reading, tell me… • What would life be like if we didn’t have the 4th Amendment?

7. Let’s check in… OBJECTIVE #1 : Describe the Protections and Purpose of the 4th Amendment. Can you do it?

8. WHEN IS A WARRANT REQUIRED? (And what is ‘Probable Cause’?) • Please read, “What issues arise in interpreting and applying the 4th Amendment?” • You need a warrant when you: • Arrest someone • Search someone (more than approved pat-down) • Take someone’s property • Search someone’s property

9. Steps to get a Warrant: • Cop fills out affidavit • Must establish “Probable Cause” (Lots of facts/evidence that show a crime was or is being committed) • Must describe the person/thing to be searched or seized • Cop gives affidavit to Judge • If judge agrees there’s “Probable Cause” he will give the cop a warrant • If judge disagrees, no warrant is given. Cop may not search or seize.

10. Has “Probable Cause” been established??? • Someone calls the police with a tip that there is a prostitution ring at 321 Main Street, Big City USA. Prostitution is illegal in Big City USA. • 2. Police officers set up surveillance and watch 321 Main Street for one day and see scantily-clad women and some men coming and going from the house • 3. Police officers set up surveillance for two WEEKS and see a pattern of men and women entering and leaving the house in a way similar to other prostitution rings and brothels • 4. Police officers find an informant and fit him with recording devices. He goes to 321 Main Street and records a conversation about “purchasing services” from prostitutes.

11. Let’s check in… OBJECTIVE #3 : Explain “Probable Cause” Can you do it?

12. What are some Pros & Cons of the Warrant/Probable Cause requirement?

13. What happens if a warrant is given in error, or a person is searched/seized without a warrant? • Please read, “How does the Exclusionary Rule enforce the 4th Amendment’s Warrant Requirement?”

14. The Exclusionary Rule • Sometimes an officer conducts a search or seizure without a warrant • Sometimes a judge gives a warrant when he shouldn’t (and the cop knows the judge made a mistake) • In these cases, the EXCLUSIONARY RULE applies • You cannot use evidence in a trial if it was obtained illegally!

15. In a group, read an ‘Exclusionary Rule’ hypothetical and answer the following: • Should we be able to use this evidence in trial even though it was obtained illegally? • What about the situation makes you want to admit/use the evidence? • If you do not exclude the evidence (per the 4th Amendment protections), how would you keep cops from searching/seizing whenever they wanted to?

16. Let’s check in… OBJECTIVE #2 : Explain the “Exclusionary Rule” Can you do it?

17. Do officers ALWAYS need probable cause and a warrant???

18. Exceptions to using a warrant or having probable cause • Consent • Search of person incident to lawful arrest, including area immediately around person • Hot pursuit of “fleeing targets” • Limited pat-downs when criminal activity is suspected • Autosearches if there’s legal reason to stop the car and probable cause to believe illegal items may be hidden in car

19. Exceptions to using a warrant or having probable cause, continued… • Normal customs searches • Searches of homes of people on probation • When there’s no reasonable expectation of privacy • Conversation in a public place • Garbage set out at curb • Things carried in a clear bag • Reasonable searches in school • Reasonable Suspicion: Combination of fact and inferences justify the search/seizure • -The search is limited to circumstances that justify it

20. Let’s check in… OBJECTIVE #3 : Understand the difference between “Probable Cause” and “Reasonable Suspicion” Can you do it?

21. Let’s check in… OBJECTIVE #4 : Describe some of the exceptions to the Warrant/”Probable Cause” requirement of the 4th Amendment. Can you do it?

22. HOMEWORK “You be the judge!” Read and analyze a series of hypotheticalsabout searches and seizures and decide if the 4th Amendment requirements of warrants and probable cause apply… or if the situation is an exception to the rule.