THE FOURTH AMENDMENT
Constitutional Law
Fourth Amendment
• The fourth amendment of the constitution provides protection against unreasonable intrusions by government
• Regarded as the Search and Seizure Amendment
• Main emphasis ‘probable cause’ is noted language
Fourth Amendment
• Rules of search and seizure not found in amendment
• result from judicial interpretations • Protections extended to:• houses• persons• papers • effects
Fourth Amendment
• U.S. Supreme Court set standards for search and seizure across all states
• States can establish higher standards
• this makes 4th amendment standards complex and tough to follow
• Areas of focus for the 4th amendment: probable cause and reasonable expectation of privacy
Fourth Amendment
• The fourth amendment can be difficult to interpret because of language such as unreasonable
• Courts have a hard time determining what constitutes unreasonable
• Separate rules for each situation• Reasonable-prudent test
Events not Protected
• There are events that the fourth amendment does not protect:
• searches and seizures by private persons
• searches and seizures of abandoned property
• matters exposed to public view• canine inspections to detect
narcotics
Events not Protected
• If the activity does not involve violating an expectation of privacy or the police, it is not regarded as a search
• The fourth amendment was designed to protect people from government, not from each other
• The fourth amendment protects people, not places
Remedy for Violating the Amendment
• Remedy designed by the courts is to make the results of the search inadmissible
• Exclusionary Rule• pertains to all information or
property• Defining cases: Weeks vs. United
States (1914)and Mapp vs. Ohio (1961)
Warrants and Probable Cause
• Fourth amendment covers several activities other than search and seizure
• detentions• investigative stops• arrests• Activities covered are:• searching persons for evidence• searching places and things for
evidence• seizing evidence
Warrants and Probable Cause
• Understanding of search and of seizure are required
• Search: if the police intrude on a person’s reasonable expectation of privacy
• Seizure: if the police interfere with a person’s possessory rights in property
Warrants and Probable Cause
• An event involving search and seizure is evaluated based on the level of invasiveness
• Items that can be seized:• fruits of the crime• instruments used to commit the
crime• contraband• mere evidence-items that ‘link’
Warrants and Probable Cause
• Warrants are generally always required unless an exception exists
• consent• search incident to an arrest
(Chimel)• exigent circumstances
(emergency)
Warrants and Probable Cause
• Items that are discovered in plain view during a lawful search are admissible. Plain view items do not constitute search
• A warrant cannot be issued “but upon probable cause”
• requires a neutral party make the determination
Warrants and Probable Cause
• Probable cause can be a vague and flexible concept
• determined by type of case-urgency• Judges use their own judgment to
determine if a warrant is justified• Information must be “fresh”
Warrants and Probable Cause
• Judges are put into place between the individual and police to assure the police are acting properly.
• Considered a neutral decision maker• makes determination of probable
cause, what can or cannot be searched, what should or should not be seized
Warrants and Probable Cause
• Warrant requirement can be avoided • stop and frisk (Terry vs. Ohio)• Search incident to arrest (Chimel
vs. California• Special needs of law enforcement
(border searches, airports, schools)
• Exigent circumstances (emergency)
Warrants and Probable Cause
• Exceptions• Consent (must have authority)• Motor vehicles (mobile)• inventory search (requires dept.
policy)
Warrants and Probable Cause
• Warrants have three components• Warrant• Affidavit• Return to warrant• Must be served and returned
within ten (10) days of judges signature
• daytime service 6am to 10pm
Seizure
• Search and seizure are generally terms used together but they are very different events
• You can have a search without a seizure and a seizure without a search
• four reasons to seize:• evidence• determine ownership or content• prevent movement• safekeeping
Things to Know
• parts of a search warrant• daytime service requirements• Knock and announce• search• seizure• exceptions to warrant requirement• what can be seized• why search