Protection against UNREASONABLE search and seizure

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Presentation transcript:

Protection against UNREASONABLE search and seizure 4th Amendment Protection against UNREASONABLE search and seizure

Legal searches In order for a search to be legal, police must have: PROBABLE CAUSE—strong suspicion based on evidence SEARCH WARRANT—court order from a judge. States the person/place to be searched, describes things to be seized

NO WARRANT NEEDED Police may search without a warrant as long as it is REASONABLE Most arrests take place without a warrant because there is PROBABLE CAUSE Examples: cars, items in plain view, subject flees, garbage on the curb, emergency situations, airport

WARRANT NEEDED Warrants are usually necessary in areas where people have REASONABLE EXPECTATIONS OF PRIVACY Examples: Home, home telephone (wiretapping)