Fourth Amendment.

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Presentation transcript:

Fourth 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. Requires warrants

What qualifies as “persons”? “The right of the people to be secure in their persons, houses, papers, and effects…..” One’s body, clothing, blood/bodily fluid, etc.

What qualifies as “houses”? “The right of the people to be secure in their persons, houses, papers, and effects…..” One’s home/apartment/residence/dwelling/etc.

What qualifies as “papers”? “The right of the people to be secure in their persons, houses, papers, and effects…..” Personal documents including: contracts, letters, receipts, bills, notes, hard drives, emails, etc.

What qualifies as an “effect”? “The right of the people to be secure in their persons, houses, papers, and effects…..” One’s property contained in one’s home, one’s belongings outside the home, all other property, etc.

How do you define Unreasonable? Having no just or reasoned cause, not fair or acceptable, irrational, etc.

Facts that might convince someone of a crime: What is probable Cause? Facts that might convince someone of a crime: actually witnessing a crime; seeing/smelling evidence of a crime; receiving information/evidence about a crime from someone else; etc.

Exclusionary Rule Evidence obtained through unconstitutional means may not be used against defendants at trial.