Name that tune! Raise your hand if you know how to answer BOTH of the questions below. Artist? How does this song relate to what we’re learning today?

4th Amendment

What is “unreasonable” Amendment 4: 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 Warrants shall not be issued, 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. Q: What is an unreasonable search and seizure?

Your friend is being charged with a crime Your friend is being charged with a crime. Which pieces of evidence should be allowed if police didn’t have a warrant? Item/location Searched without a warrant Can police use this evidence against her? Why? Why not? Evidence from her school locker Websites she visited on her home computer An email she sent to a friend Info from her Facebook page, including status updates and pictures with tagged people/locations The contents of her cell phone Trash from her home that the family had put out on the curb Something in her fenced backyard, not visible from the street

Question: If the police showed up at your house and asked to search the house, could you say no? Would you?

Basic Principles of the 4th Amendment Warrant is required for a search (but there are exceptions)

The Exceptions Owner of the property in question may consent to the search Have the right to refuse But police don’t have to tell them they have that right Can I search your pockets? Yes.

Exceptions 2. When an individual does not have a “reasonable expectation of privacy” Writing on the outside of an envelope Garbage left on the curb Anything you “knowingly expose” to a third party

Exceptions 3. Automobile Exception Cars have less protection than houses “Terry frisk” of people allowed Also extends to cars: Immediate areas you can reach can be searched to look for weapons

Jay-Z’s 99 Problems What does he get right? What does he get wrong?

Exceptions 4. "Exigent circumstances“ When the cops must act quickly

Exceptions 5. Arrest After arrest, police may search the arrested person & area w/in the their immediate control

Mapp vs. Ohio Police got a tip that Mrs. Mapp was harboring a bombing suspect She refused to let them enter her house, they broke in Found obscene books, pictures, and photographs She was charged & convicted

Mapp v. Ohio Decision Supreme Court decided that it was an unreasonable case of search & seizure Creates the Exclusionary Rule: The government can’t use evidence found in cases where there has been an unreasonable search and seizure Why might some people argue this is a bad rule?

In Schools New Jersey vs. TLO Student caught smoking, purse searched They found marijuana & she was convicted

New Jersey v. TLO This was a reasonable search Fewer 4th Amendment rights in school Schools have a legitimate interest in student safety Schools only have to show a "reasonable suspicion"

Other “searches” in schools Vernonia School District v. Acton, 1995 Random drug tests are permissible to ensure school saftey Safford Unified School District v. Redding, 2009 Strip searches not permissible in this circumstance

Katz v. United States Police were investigating Katz (running a gambling ring) They attached a listening device to the outside of a phone booth Evidence was used at trial

Katz v. United States Supreme Court ruled that his 4th Amendment rights had been violated Electronic "listening to" and recording of Mr. Katz's conversation violated the privacy upon which he justifiably relied

New 4th Amendment issues Predict: Can the police search the cell phone in your pocket if you’re arrested? Answer: Not unless they have a warrant. In the decision of Riley v. California, the court ruled that a warrant is required for a cell phone search.

Can they search? With a warrant OR Owner consents No privacy Car REASONABLE SEARCH UNREASONABLE SEARCH With a warrant OR Owner consents No privacy Car Exigent circumstances Arrest Schools Without a warrant AND doesn’t meet any of the categories at left THEN the exclusionary rule applies