Vocabulary Activity Exclusionary Rule Copy the definition of the following term into your notes Exclusionary Rule

Search and Seizure

Search and Seizure Individuals reasonable expectation of Privacy Governments need to gather information

Search and Seizure The 4th amendment does not: - Give an absolute right to privacy - Prohibit all searches The 4th amendment does: - Prohibit “Unreasonable” searches

Search and Seizure Courts ask: - Did the person have an expectation of privacy, and does society consider that expectation in this in this instance to be reasonable? Example: - The court has ruled that you do not have a reasonable expectation of privacy in garbage left on for pick up.

Search and Seizure Exclusionary Rule: - “Fruit of a poisoned tree” - Evidence that the court rules cannot be used during trial (inadmissible) because it was obtained as a result of an unlawful search.

Searches with a Warrant A search warrant is a court order Judge must be convinced that there is a genuine reason for the search warrant A sworn affidavit describes the facts and circumstances of the need The warrant must specifically describe the person or place to be searched and the particular thing to be seized

Searches with a Warrant Search must be conducted within a certain number of days specified by the warrant In most states it must be conducted in the day time unless specifically stated otherwise Usually does not authorize a “general search” (i.e. if warrant is for a 21 inch T.V. police cannot look in desk drawers) Police can seize evidence that is in plain view Police generally cannot enter a house forcibly (even with a warrant) unless they have met the “knock and announce” rule

Searches with a Warrant “No Knock Warrants” - Allowed when circumstance present a threat to officers - When evidence is likely to be destroyed

Searches without a Warrant - Searches incident to an arrest - Stop and frisk (Must have probable cause) - Consent - Border and Airport Searches - Vehicle searches (Must have probable cause) - Hot pursuit - Emergency situations

Public School Searches 1985 Court case, New Jersey v. TLO - Lowered the standard of “Probable Cause” to “Reasonable Suspicion” - Locker searches are permissible because they are school property

Suspicionless Searches Fixed point searches - Border patrol check points - Highway sobriety check points - Mandatory drug and alcohol test after employees are involved in accidents