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