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Understanding 4th Amendment Rights: Search and Seizure in the U.S.

Explore the legal framework surrounding search warrants, probable cause, and exceptions for warrantless searches, including consent, emergency situations, and plain view seizures. Learn about landmark cases and the balance between individual privacy rights and law enforcement powers.

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Understanding 4th Amendment Rights: Search and Seizure in the U.S.

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  1. 4th Amendment Right Against Unreasonable Searches and Seizures

  2. Background • Writs of Assistance • General Search Warrants

  3. Search Warrants Today • Must have a Search Warrant • Probable Cause • Police must present “Probable Cause” to a judge / court to get a warrant (check on their power) • Specifications – Search Warrants are very specific as to what they are searching for and where they can search

  4. Exclusionary Rule • Definition: Evidence obtained illegally cannot be used against you in court. • Mapp v. Ohio • But… if police are searching within the boundaries of the warrant and find something illegal they can use it against you

  5. Good Faith Rule • If police are acting in “good faith” to the search warrant then the evidence can be used against you. • Examples: • Wrong date, time, street address on warrant

  6. Searches In Schools • Different than Society • New Jersey v. T.L.O. • No Warrant is needed • All that is needed for a search is: • “on reasonable grounds to believe a search will uncover evidence of a violation of school rules” • Lockers • Backpacks / Purses • Cars on school grounds

  7. Searches Without Warrants • Police can search you and your possessions without a warrant in six different scenarios / tests according to the Supreme Court

  8. Lawful Inspections • You have all probably been lawfully inspected • Airports • Borders • Anytime you willingly go through a metal detector would be a “lawful inspection”

  9. Consent • If you give your consent / OK to be searched police don’t need a warrant • Consent to search the trunk of your car • Consent to search your house

  10. Incident to Arrest • When you are arrested you and your possessions can be searched • Whatever is found may be used against you

  11. Emergency • If police are responding to an emergency and they find something illegal it can be used against you • Responding to Fire

  12. Plain View • What police can see in plain view can be used against you and constitute a search • How does an officer approach your car when you are pulled over (at night?)

  13. Stop and Frisk • If an officer is viewing suspicious activity then they may be able to search • Supreme Court Case • Difficult to define • Cannot search if you just look guilty

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