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.
-U.S. Constitution, Amendment IV
Persons
Minors?
- Yes
Inmates?
- Yes
Illegal
Immigrants?
- Yes
Houses
Apartment?
- Yes
Yard?
- Yes
- Curtilage
Mobile Home?
- Depends
Papers
Diary?
- Yes
Facebook?
- No
Texts?
- No
Effects
Backpack?
- Yes
Purse?
- Yes
Cell Phone?
- Yes
4th Amendment
Standing
Must Show:
1. State Action
2. Unreasonable
What must a police officer have to make an arrest?
Arrest Warrant
Probable Cause
What is reasonable suspicion?
What is a stop and frisk?
The Unlucky Couple
Unreasonable
Searches and
Seizures
Balancing Test
Your expectation of privacy
Vs.
Government’s need to
gather information
House = Highest Expectation of Privacy
(warrant always required)
Warrantless Searches
•
•
•
•
•
•
•
•
Search Incident to Arrest
Stop and Frisk
Consent
Plain View
Hot Pursuit
Vehicle Searches
Emergency
Border and Airport
The Exclusionary Rule