4 th Amendment

1. 4th Amendment Protects people against “unreasonable searches and seizures.” What does that mean?

2. Searches and seizures without probable cause are reasonable in the following situations: • Sobriety Checkpoints- Stop every car/ done as a safety factor/ ok to do, because they stop everyone • Border Crossing: Dealing with national safety • Airport Searches- Dealing w/ safety issues Suspicions: Gun in bag, knife in purse, ect. • School/Student Searches-Can be searched w/o probable cause- the school is responsible to maintain a safe learning environment—can be done as long as search is reasonable • *Book bags, lockers, purse • Consent Searches- Agree to a search (You should always say no or demand a warrant)

3. Warrant authorizing searches or arrests shall be based on “probable cause”, not solely on the whim of a police officer. • To get a warrant, you must swear you have probable cause-the police officer must fill out an affidavit providing his “probable cause”

4. When warrants are NOT required: • Arrests: if police officer sees person committing a crime • Searches of a lawfully arrested person and areas surrounding suspect: Can search the area surrounding the person. (it can only be within the area the suspect can reach) • Evidence in Plain View (pulled over =you have a syringe sticking out of your pocket with marks on your arm)

5. Warrants NOT Required: • Hot Pursuit (Police can follow person into whatever area he’s going into) • Automobile Searches (because it can be moved. The contraband could be destroyed, police officers are allowed to search. Also, if the police officers feels in danger). (Passengers can also be searched w/ reasonable cause).

6. ***Enforcement of 4th Amendment is difficult because it does not define “unreasonable searches” nor state whether all searches require a warrant.

7. KEY SUPREME COURT CASES Katz v. United States (1967): Establishes that 4th Amendment applied wherever a person has a “reasonable expectation of privacy.” • *Katz was a bookie, he took bets from a phone booth so no one could bug his house. The police saw him using that phone booth, so they bugged it. He claimed it was a violation of his 4th Amendment rights. Supreme Court ruled for him saying….”The fourth amendment protect people, not places.” • Therefore, it protects privacy outside of home.

8. Weeks V. United States (1914): Establishes the exclusionary rule: prohibits illegally seized evidence from being admitted at a trial. Applies to federal government only. *Weeks was selling lottery tickets through the mail. Government officials enter his house w/o a search warrant and took evidence. His conviction was overturned due to illegal evidence.

9. Mapp V. Ohio (1961): Applied exclusionary rule to the states. woman was suspected of hiding a suspected bomber—the police forced their way into her home claiming to have a search warrant—they obtained some material and went to trial. Then during trial, they couldn’t prove to have a search warrant. Case was overruled. • Main Standard used by Supreme Court:Not all searches need a warrant or probable cause as long as it is reasonable.

10. 5th Amendment (Protects Five Rights) 1.) Grand Jury Indictment (Jury)-decide if there is enough evidence for a trial Or Preliminary Hearing (Judge) *A grand jury is a group of people who investigate the evidence of a crime and decides whether or not the accused should be prosecuted.

11. Grand Jury Preliminary Hearing (Many States do this) • Involves only prosecutor (not the defendant) both lawyers present (their • Witnesses-no lawyers present cases to the judge in court • Sessions are secret Witnesses have lawyers • May consider evidence not Sessions are open Admissible at a trial • *Defenders of the grand jury argue that its secrecy is necessary to get witnesses to testify freely and to protect the reputations of people whom the grand jury may not actually indict.

12. 2.) Double Jeopardy: Retrying a case which the accused has been acquitted. (Doesn’t pertain to mistrials) • 3.) Protection against self-incrimination: Forcing a defendant to testify against herself/himself. Confessions may be used as evidence only if they are voluntary. *Some police interrogation is seen as being a means to self-incrimination. *This does not prohibit the government from requiring a defendant to provide testimonial evidence, such as fingerprints, handwriting samples, fingernail clippings, and blood specimens.

13. 4.) Due Process: Government must be fair in its actions in criminal and civil cases. • Procedural- ways laws are carried out fair (If the Government didn’t have to follow certain rules, individuals would be at the Government’s mercy) • Substantive: laws themselves are fair (laws themselves, not just the procedures that carry them out, must be fair) 5). Just Compensation for property taken for public use • Eminent Domain

14. KEY COURT CASES • 1. Miranda V. Arizona (1966) *Accused of possible rape in a police line up. The police said- basically you’re already going to be found guilty-you might as well just sign this form. Ernesto Miranda was interrogated for 2 hrs. The police did not tell Ernesto he had a right to an attorney. The court overturned Miranda’s conviction on the grounds that his confession was not voluntary. • Fifth Amendment issue-Self incrimination “coercion is inherent when police question a suspect in custody, unless the accused has been informed of their rights.” *Part of a truly voluntary confession is that the defendant knows his rights before he gives them up. If defendant isNOTin custody, Miranda warnings are not necessary.

15. Rochin V. California (1952) * Police busted in a man’s room (door opened), saw capsules on a night stand—Rochin swallowed them—police has his stomach pumped this method shocked the conscience. • Fifth Amendment Issue-Procedural due process (police methods that “shock the conscience” violate Due Process Clause • Supreme Court as ruled that Due Process Clause includes the right to be presumed innocent until proven guilty and to have the state prove its case beyond a reasonable doubt.

16. In re Gault (1967) • Provides due process for JUVENILES. Juveniles are entitles to the following: • To receive notice of charges far enough in advance to prepare for trial • Right to an attorney • Right to confront accusers and to questions witnesses.

17. 6th Amendment (provides 5 rights) • 1. Right to a speedy trial – does not apply to EVERY criminal charge (speeding ticket), but protects rights for serious charges. • 2. Right to an impartial and local jury • 12 juror are guaranteed for a federal case • 6 jurors are guaranteed for a state trial

18. 3. Right to be informed of charges against you • 4. Right to confront witnesses against you (during court) • 5. Right to legal counsel