4 th Amendment 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.

HISTORY/ BACKGROUND 1760s brought Britain’s “Writs of Assistance”/general search warrants to find colonists who were avoiding paying taxes and smuggling goods.

GENERAL RULES Most searches require a warrant, based upon “probable cause”. Prosecutors must go before a judge and swear that their information has a probability that a crime has been committed and evidence is located where they think. It is usually limited to a specific location.

WARRANTLESS SEARCHES a)Terry Stop- Police may pat down a suspect for weapons ONLY when they have specific reason to believe a crime has been committed Terry v Ohio 1968

CHECKPOINTS a)Police may stop vehicles for a variety of reasons, including sobriety checkpoints for DUI and immigration checkpoints. As noted in the video, for DUI, stops are limited to every 5 th car.

CONSENT If police obtain permission to search, they do not need a warrant. The permission may be revoked or limited.

PLAIN VIEW Anything seen in by police from their lawful position is useable. What about planes/helicopters?? What would be a legal altitude

EXIGENT CIRCUMSTANCES Police may legally enter if they have unique circumstances which include a)Evidence is being destroyed b)Location is on fire c) Someone is in imminent danger/scream.

INCIDENT TO ARREST a)Within arms length of a suspect b) May check house for other suspects for safety of police

OTHERS a)Probation – People on probation give up their protection. b)Automobiles –Drivers and passengers are accessible to searches. c)Hot pursuit d)Inventory search- If the police need to impound your car, they get to search it

SCHOOLS Searches by school officials need only “reasonable suspicion” to be performed. Schools are limited In their search (They can’t strip search student for potential drug possession) Safford v Redding

PATRIOT ACT Sneak and Peak- Police have the ability to go into your home without your knowing about it to gather evidence. It does not necessarily have to be involving national security.

 The Patriot Act increases the government's surveillance powers in four areas:  Records searches. It expands the government's ability to look at records on an individual's activity being held by third parties. (Section 215)  Secret searches. It expands the government's ability to search private property without notice to the owner. (Section 213)

 Intelligence searches. It expands a narrow exception to the Fourth Amendment that had been created for the collection of foreign intelligence information (Section 218).  "Trap and trace" searches. It expands another Fourth Amendment exception for spying that collects "addressing" information about the origin and destination of communications, as opposed to the content (Section 214).

 Internet- Companies may be required to make the internet “surveillance ready”  Computers- Govt has access to the URLs you visit on the computer. This tells them every document you have looked at.  Airport security-The new body scans. “Don’t touch my junk” Drones Stop and Frisk

 Cell phones-In 2008, the govt wanted access to cell phone records without a warrant.DENIED.  Police accessed photos on an I Phone, told other police about them. Teacher was fired. Lawsuit against police dismissed.  Justice Dept wants access to cell phones upon arrest of any suspect.  California Supreme Court said warrantless cell phone searches are legal  New phones have GPS that tell providers/govt where you are and have been.