Key Terms : SEARCHES SEIZURES WARRANTS PROBABLE CAUSE Key Questions :

1. Key Terms: • SEARCHES • SEIZURES • WARRANTS • PROBABLE CAUSE • Key Questions: • In what other areas, besides persons, houses, papers, and effects, are we secure? How has technology changed this? • What constitutes as an “unreasonable” search or seizure? Where do we have a reasonable expectation of privacy? • What is probable cause and how is it interpreted differently?

2. Protected Persons, Houses, Papers, Effects • Persons • clothes, wallet, purse, pockets • blood, breath • everyone (citizens and noncitizens) • Houses • house, apartment • mobile home (maybe, depends on if it’s being used as a car) • front porch (depends on the visibility and reasonable suspicion/probable cause) • Papers • diary, notebook, books • Email (maybe, depends on if there is a third party) • Text messages (maybe, depends on situation and context) • Effects • backpack, laptop • things on your person

3. Searches and Seizures SEARCH SEIZURE Government interference with an individual’s possession of a property • Government intrusion into an area where a person has a “reasonable expectation of privacy” • Subjective – YOU expect privacy (varies from person to person) • Objective – SOCIETY as a whole expects privacy (agreed consensus)

4. Do You Have A “Reasonable Expectation of Privacy?” • Private residence • front porch vs. inside home • Business premise • reception area vs. office vs. office desk • Trash • food trash vs. sensitive documents • placing trash on private vs. public property • Public places • in a shopping mall vs. in a public restroom • on your phone on the sidewalk vs. in a phone booth • Records stored by others/third parties • Google’s monitoring of internet activities and collecting of personal data • Purse, Bag or Container • see-through vs. opaque (dark, non-transparent) • Technology • Consider the content of laptops/cell phones • Private vs. public social media accounts • Postal mail • Personal mail in envelopes vs. postcards • Police’s gather of your mail/correspondence patterns Write YES, NO, or DEPENDS. Be prepared to explain your reasoning.

5. Landmark SC Case • Katz v. United States (1967)

6. Landmark SC Case • California v. Greenwood (1988)

7. Reasonable Expectation of Privacy Reasonable Expectation NO Reasonable Expectation Clearly public areas Exposing information/activities with or without clear intent • Clearly private places that society agrees upon • When you’ve taken steps to conceal your possessions/activities When you HAVE an expectation of privacy, a WARRANTis needed for a search or seizure to occur.

8. Warrants • A court order issued by a magistrate or judge that authorizes law enforcement officers to conduct a search or seizure based on probable cause of suspicious activity. • Must describe place/person to be searched • Must identify what is being searched FOR

9. Warrants • If a search/seizure is conducted without a warrant by a law enforcement officer  UNCONSTITUTIONAL because the 4th Amendment protects you from the government’s unreasonable actions. • You are not protected by searches/seizures conducted by private citizens. • For example, assume that a shopping mall security guard acting on a pure hunch searches a teenager's backpack. Inside the backpack the guard finds a baggie containing an illegal drug. The guard can detain the teenager, call the police, and turn the drug over to a police officer. The drug is admissible in evidence, because the search was conducted by a private security guard. • As private security guards increasingly exercise traditional police functions, courts may one day apply 4th Amendment guidelines to their conduct.

10. Reasonable Suspicion vs. Probable Cause Reasonable Suspicion Probable Cause reasonably reliable information to suspect there is a "fair probability" that a person has committed a crime, or that a search will reveal contraband or evidence • a strong suspicion, even if based on less information of a less-reliable nature, that a person is involved in criminal activity or may be armed and dangerous • Level of suspicion LOWER than probable cause • Cannot get warrant based on reasonable suspicion alone

11. Reasonable Suspicion vs.Probable Cause • A police officer cannot search your car without a warrant and without your consent. • HOWEVER, if the officer suspects drug activity this could raise “reasonable suspicion.” • Red eyes, jumpy behavior, shaky hands, weird smell, etc • With reasonable suspicion, an officer can call in reinforcements or a K9 unit to confirm reasonable suspicion. • K9 unit smells drugs?  PROBABLE CAUSE and your car can be searched on the spot.

12. Warrantless Searches • If you consent to a search, no warrant is needed. • Police can seize anything they find on you or that is in your home/car • If no warrant, you can say you do not consent to the search.

13. Warrantless Searches • If police do not have a warrant and you do not consent, police can search/take anything in PLAIN VIEW. • Drugs on table that can be seen from front door. • Gun on passenger side seat. • Alcohol in back seat of car.

14. Landmark SC Case • Kyllo v. United States (2000)

15. The Exclusionary Rule • Evidence obtained during an unreasonable search/seizure is inadmissible in court.

16. Landmark SC Case • Mapp v. Ohio (1960)

17. Rights at School • An SRO only needs reasonable suspicion, not probable cause to search a student, their belongings, lockers, car on school property, etc. • The need to maintain order and ensure the public safety of other students is paramount to 4th Amendment protections. • Teachers and administrators can search you/your stuff because they are not agents of the government, rather private citizens. Reasonable suspicion must still be present. • The 4th Amendment protects you from unreasonable searches and seizures by the government, not private citizens. • A search is considered warranted if it is likely to produce evidence (must have reasonable suspicion). • If a search without reasonable suspicion (random searches) yields criminal evidence, it might not be admitted in court.

18. Landmark SC Case • TLO v. New Jersey (1983)

19. Landmark SC Case • Board of Education v. Earls (2001)