The Bill of RightsThe Bill of Rights

The First Fundamental The First Fundamental Changes of the ConstitutionChanges of the Constitution

Bill of RightsBill of Rights

•First 10 amendments (changes) are the Bill of Rights•Drafted by James Madison•June 8, 1789

Bill of RightsBill of Rights4. 4. The right of the people to be secure in their The right of the people to be secure in their

persons, houses, papers, and effects, against persons, houses, papers, and effects, against unreasonable searches and seizures, shall unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath but upon probable cause, supported by Oath or affirmation, and particularly by describing or affirmation, and particularly by describing the place to be searched, and the persons or the place to be searched, and the persons or things to be seized. things to be seized.

Amendment 4: Unreasonable Searches and Seizures• Warrants must have probable cause, supported by

oath and describe place to be searched and persons or things to be seized

• Prevents police from doing all purposes searches• If exposed to the public, including your garbage, then

they are open to search• Airport searches have been ruled constitutional due to

the high risk and do not have to have a specific reason• Sobriety Checkpoints: police may stop drivers at

roadblocks as long as individual drivers are not singled out. If probable cause, Breathalyzers can be used

Amendment 4

• Once a person gives consent to search, probable cause is not required

• Drug Testing: without probable cause, the government can test certain employees if they are involved in public safety or law enforcement

• Student searches: public school official do not need probable cause to search students, but police need probable cause for searches on school property

• Schools may require students participating in extracurricular activity to have random drug tests

Types of Searches

• Search Incident to a Lawful Arrest: most common warrantless search. Police can search suspect and area for weapons or evidence they were destroyed

• Plain View: An officer does not need a warrant if the evidence is in plain sight

• Searches can be made during an emergency without a warrant

• Hot pursuit: Police may follow suspect if they are in pursuit

• Automobiles: Searches of automobiles do not need a warrant

Exclusionary Rule

• If illegal search is done, evidence seized must be excluded in court

• If police believe that the search warrant is legal and act in good faith, then evidence can be used if the warrant later is discovered not be valid on technical grounds

Warrant Clause and Arrests

• All warrants or court orders must be based on probable cause and signed by magistrate

• Arrests: warrants are not needed for all arrests, but if a crime is in a home, a warrant is required

• If an arrest is made, the police officer has to demonstrate probable cause for the arrest in front of a magistrate within 48 hours

44thth Amendment Amendment• Applies to governmental searches and Applies to governmental searches and

seizures, but does not cover searches seizures, but does not cover searches and seizures done by private citizens or and seizures done by private citizens or organizations not acting on organizations not acting on government’s behalfgovernment’s behalf

• Bill of Rights originally limited federal Bill of Rights originally limited federal government, but under due process government, but under due process clause of the 14clause of the 14thth amendment, state amendment, state governments are also under this governments are also under this amendment— amendment— Wolf v. ColoradoWolf v. Colorado

Expansion of 4Expansion of 4thth AmendmentAmendment

• As powers of federal government to As powers of federal government to do searches and seizures, especially do searches and seizures, especially after the Interstate Commerce Act after the Interstate Commerce Act and Sherman Anti-Trust Acts, cases and Sherman Anti-Trust Acts, cases to the Supreme Court over the 4to the Supreme Court over the 4thth amendment increased amendment increased

Reasonable Search and Reasonable Search and SeizureSeizure

• ““Where there is probable cause to Where there is probable cause to believe that a criminal offense has believe that a criminal offense has been or is being committed”been or is being committed”

• Reasonableness requirement applies Reasonableness requirement applies not just to a search in combination not just to a search in combination with a seizure, but in searches with a seizure, but in searches without seizureswithout seizures

SearchSearch

• Katz v. United States, 1967Katz v. United States, 1967: : Supreme Court ruled that a search Supreme Court ruled that a search occurs only when a person expects occurs only when a person expects privacy in the thing searched and privacy in the thing searched and society believes that expectation is society believes that expectation is reasonablereasonable

• This case concerned the wiretapping This case concerned the wiretapping of a telephone boothof a telephone booth

Stop and FriskStop and Frisk

• Terry v. Ohio, 1968Terry v. Ohio, 1968: law : law enforcement officers are permitted enforcement officers are permitted to conduct limited warrantless to conduct limited warrantless searches on a level of suspicion less searches on a level of suspicion less than probable cause such as unusual than probable cause such as unusual conduct, showing of weapons and conduct, showing of weapons and endangering othersendangering others

SeizureSeizure

• Meaningful interference by the Meaningful interference by the government with an individual’s government with an individual’s property such as government seizure property such as government seizure of property to use as evidenceof property to use as evidence

• Questioning an individual in a public Questioning an individual in a public place is not seizureplace is not seizure

• Seizure of a person requires physical Seizure of a person requires physical force or show of authorityforce or show of authority

Exclusionary RuleExclusionary Rule

• Provides that evidence obtained Provides that evidence obtained through a violation of the 4through a violation of the 4thth amendment is not admissible by the amendment is not admissible by the prosecution in trialprosecution in trial

Unreasonable Searches and Unreasonable Searches and SeizuresSeizures

• Non-consensual extraction of bloodNon-consensual extraction of blood

• Gathering of fingerprints from free Gathering of fingerprints from free personspersons

• Booking procedures are not under Booking procedures are not under these types of seizuresthese types of seizures