3 rd Amendment What is the 3 rd Amendment? Why do we have the 3 rd Amendment?

4 th Amendment Search : The right to invade someone’s privacy with a search warrant or probable cause. Privacy : Property of an individual: It includes reputation also. Seizure : When the authority takes someone’s private property.

How do the authorities get a search warrant? Authorities must go to a judge and ask for a warrant. The authorities must show probable cause to search someone’s possessions Probable cause is sufficient enough information that a warrant can be issued. Can be evidence or testimony.

What must be on a search warrant? Where the search will take place. What they will be searching for. Signed by a judge A warrant can be ruled unconstitutional if there is not enough probable cause to issue the warrant.

Do you ALWAYS have to have a Search Warrant? NO! If an officer has probable cause at the scene he can search a person or property. Example: A police officer is called to break up a party and he smells marijuana. The police may search the house without a warrant.  However, unreasonable search and seizure of private property are forbidden.

Reasons why the Police can search without a warrant: Evidence is in “plain view” (as long as the police had a right to be at the location) If there is an immediate danger. (the emergency exemption) Traffic stops-as long as there is a cause to search the car. Body Search- police can “frisk”

Significance of Mapp v. Ohio The Supreme Court ruled that the Police did not have probable cause or a search warrant to search Mapp. Significance?? Exclusionary rule : evidence is seized during an illegal search it can not be used in court. The evidence is inadmissible.

Significance of T.L.O. v. NEW JERSEY School administrators only need “reasonable” cause to search students. Schools have a responsibility to provide a safe environment for students.

Fifth Amendment Indictment by a grand jury Indictment is to be formally accuse someone for doing an illegal action. – Grand jury: 12 people who decide if there is enough evidence to prosecute an individual. Right NOT to incriminate one’s self (“I plea the fifth!”) You must testify if it does not incriminate you. Double Jeopardy : protects a person from being tried twice for the same crime if he was found not guilty the first time after conviction, subsequent prosecution after certain mistrials, and multiple punishments in the same indictment

Fifth Amendment Due Process: prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property. Makes every person have the same rights as everybody else. Eminent Domain: the government can take your property if they give fair market value. This will be done by an acceptable appraiser.