4th Amendment

Translate 4th Amendment into Your Own Words

“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”

4th Amendment

• Protection against unreasonable searches and seizures

• The protections offered by the 4th Amendment keep the rights to privacy and personal security protected

Reasonable Suspicion

• A “reasonable” (thoughtful, sane, intelligent) person might think something is wrong based on watching a situation–This is the starting point for a

warrant…A police officer would need stronger evidence for a warrant

Probable Cause• MUST have some hard evidence to

show that a person is part of a crime• Evidence that would get a warrant:–Witness testimony– Fingerprints–Video tape of crime being committed–DNA found at the scene– Shoe prints found at the scene–Hair and clothing fibers found at the scene

Search Warrant• A legal document issued by a judge that

specifically states:–WHAT the police are looking for

AND–WHERE the police may look

**If the police don’t follow the details of the warrant then the evidence they find might not be allowed in court. It could not be used to try to convict the criminal.

Search Warrant

Search Warrant is not needed…

• When the person gives permission to search

• When the police believe the evidence WILL be destroyed if they leave to get a warrant

• If the person is being arrested

• If the police are chasing someone (Hot Pursuit)

ARRESTS

• An arrest needs a warrant to be legal• HOWEVER, an arrest can happen without a

warrant if:– A SERIOUS CRIME (Felony) takes place and there is

no time to get a warrant because the crime is in progress. A judge will decide if there is probable cause to continue holding the person in jail

– If a MINOR INFRACTION (Misdemeanor) of criminal law takes place and is committed in front of the arresting officer

Arrest Warrant

FINGERPRINTING

• Allowed only if an arrest warrant is issued based on probable cause

PLAIN VIEW

• If evidence is out in the open it may be used against you, even if it is not listed on a warrant

SURGERY

• State/government may NOT compel/require major surgery under general anesthesia to get evidence unless there is absolutely no other way to obtain the evidence needed in the case OR some harm may come to the person if the surgery is NOT performed.

TERRY STOP• Police may stop & frisk a person if have the police

have reasonable suspicion that criminal activity is going on

• EXAMPLE: stand on corner in dangerous neighborhood and run away when police in sight – running in high crime area