4th Amendment SEARCH AND SEIZURE

4th Amendment You and your belongings may not be searched or seized without a warrant You have a reasonable right to privacy IF: Society agrees that area should be private You demonstrate an expectation of privacy In general, when you have a right to privacy, a warrant is required to search Exceptions: Clear and present danger Belongings in plain view Garbage cans on a public street

A Reasonable Expectation of Privacy Are the following areas private? Use the two part test (a demonstration of an expectation of privacy, society recognizes as reasonable) In the living room of a private home A phone conversation made from a private home A phone conversation made on a crowded bus In a car parked in a private garage In a car parked in a public parking lot In an empty classroom at school

4th at school Students may be randomly drug tested without a parent present New Jersey v. TLO: schools and administrators may search a students belongings without a warrant, student consent, or a parent present Schools only need “reasonable suspicion”, not probable cause

When can the police search without a warrant? In emergency situations: if a house is on fire and police enter to search for people, they do not need a warrant to seize contraband material they may find. (sometimes called exigent circumstances) In prisons: both prisoners and visitors When a crime is committed in the presence of police, even through an open door or window of a home; police can search whatever is within arm’s length of the arrested suspect (or plain view)

More exceptions… In hot pursuit: if chasing someone who just robbed a bank, no warrant is needed to search OR enter a home A moveable scene of a crime, such as a car or motor home At airports In open fields, where there is no expectation of privacy When things are visible from a flyover

Still more exceptions At border crossings Plain sight areas: even if the police enter a home for a different reason, they can seize any contraband in plain sight With permission or consent: consent can be given by anyone with authority over the home (a babysitter, housekeeper, etc.) to search COMMON AREAS. Bedrooms can only be searched with the consent of the party (or parties, if shared, and yes, both must give consent)

Last exception Community caretaking function: If police discover evidence of a crime while performing one of their “caretaker” functions (like aiding a motorist or a lost child), they can make an arrest and evidence is admissible