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The Fourth Amendment

The Fourth Amendment. By Kate and Jess.

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The Fourth Amendment

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  1. The Fourth Amendment By Kate and Jess

  2. 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.

  3. Translation • No one has the right to conduct unreasonable searches and seizures without a warrant. • warrant- a document issued by a legal official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.

  4. Warrant • Probable clause • Specifically Outlines the case • Elephant clause- search has to be specific

  5. Exceptions To Warrant Requirement • Traffic Stops • Terrorism • Plain view doctrine- an item can be seized if it is in sight • Crucial Circumstances • Reasonable searches

  6. New Jersey v. T.L.0, 1985 • Where: a New Jersey high school • Who: 14 year old freshman girl • What: • She broke school rules by smoking in the bathroom. • Vice principal searched her purse. • Found evidence of her being a marijuana dealer. • Next: Police charged her of criminal activity using the evidence found in her purse. • Constitutional Problem: Her personal property was acquired through what her attorneys called an illegal search and seizure. • Ruling: 6 to 3 ruling against T.L.O.

  7. Reason For the Ruling • The search of T.L.O. was reasonable. • Additionally ruled that school officials do not have to meet same standards as police. • Warrants are not suited for schools need for quick disciplinary action. • Court replaces the “probable clause:” requirement with “reasonableness”.

  8. Katz v. United States 1967 • Fourth Amendment protections expanded significantly with Katz v. United States. • In Katz, the Supreme Court expanded that focus to embrace an individual's right to privacy.

  9. Katz v. United States 1967 (Cont.) • Who: Charles Katz and the FBI • What: The FBI used evidence acquired through bugging a telephone both to convict Katz of sharing betting information from L.A. to Miami and Boston. • Constitutional Problem: A public telephone is a constitutionally protected area and obtaining evidence by attaching an electronic listening device to it violates the user’s rights. • Ruling: 7 to 1 against the government • Reason: Katz assumed he had privacy in the telephone booth but the FBI illegally took that away.

  10. Colleges and Jobs • Social Media • Fired • Not Accepted

  11. California V. Acevedo, 1991 • An agent told his officer he had seized a Federal Express package containing marijuana which was addressed to a man named J. R. Daza • A man Jamie Daza claimed the package and police followed him to his home

  12. Bibliography • "Baby Elephant." Wallpapers Wala. N.p., n.d. Web. 17 Feb. 2014. <http://www.wallpaperswala.com/baby-elephant/>. • Clayton, Andrew, Ph.D., et al. Modern American History. Upper Saddle River: Prentice Hall, 2005. Print. • "High School Teacher." Teach. N.p., n.d. Web. 17 Feb. 2014. <http://teach.com/ where/levels-of-schooling/high-school>. • Legal Information Institute. Cornell University Law School, n.d. Web. 17 Feb. 2014. <http://www.law.cornell.edu/wex/fourth_amendment>. • "Katz v. United States." Law School Essentials. Hypo Justice, n.d. Web. 17 Feb. 2014. <http://hypojustice.com/what-privacy-gray-p-10.html>.

  13. "Twitter." 9T05 Mac. N.p., n.d. Web. 19 Feb. 2014. <http://9to5mac.com/2012/ 07/08/ major-twitter-for-iphone-update-incoming-more-interactive-enhanced- notifications/>. • "Various Traffic Light Design Vector 05." Freedesign File. N.p., n.d. Web. 19 Feb. 2014. <http://freedesignfile.com/ 62435-various-traffic-light-design-vector-05/>.

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