Search & Seizure The act of taking possession of this property. A hunt by law enforcement officials for property or communications believed to be evidence of crime. Search & Seizure The act of taking possession of this property.

“Right to Privacy?” There is no EXPLICIT “right to privacy” in the Constitution Fourth Amendment does, however, set out right to be free from “unreasonable search and seizures”

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.”

…In plain English? The government can’t search you or your property without probable cause Does not apply to ordinary citizens Under certain conditions, the gov’t needs a search warrant to actually look through your personal belongings.

To be clear… Does NOT grant citizens ABSOLUTE privacy Does NOT prohibit ALL searches Only those “unreasonable”

Individual’s reasonable expectation of privacy Government’s need to gather information

Is It Legal? Once an individual is arrested, courts decide whether any evidence found in search was legally obtained If search is found unreasonable, evidence in search cannot be used against defendant in trial “Exclusionary Rule” Defendant CAN still be convicted

Search Warrants Court order obtained from a judge, who is convinced there is a bona fide (real, genuine) need to search a person or place.

Filing a Search Warrant Someone, usually a police officer, must file an affidavit sworn statement of facts and circumstances that provide the probable cause to believe a search is justified. Warrants must SPECIFICALLY list person or place to be searched and PARTICULAR things to be seized.

Search Process When a search warrant is granted, police generally must… Knock Announce their purpose and authority Request admission before entering a premises “Knock and announce” test can be broken if circumstances present threat to officer OR if evidence would likely be destroyed if advance notice were given Exigent circumstances

Legal Searches Without Warrant Stop and frisk Search incident to a lawful arrest “Grab area” and “protective sweep” searches Consent Border and Airport Searches Hot Pursuit Vehicle Searches Emergency Situations Plain View

Public School Searches SCOTUS granted schools broad discretion to search students & their possessions New Jersey v. TLO (1985): Schools only need reasonable suspicion, rather than probable cause, that a search will uncover evidence that student is violating school rules or the law. Lockers? School property and “students do not have a reasonable expectation of privacy in property owned by the school.”

New Jersey v. TLO (1985) Vice principal suspects student of smoking Student questioned, denies smoking VP searches student’s purse Purse contains Cigarettes, rolling papers Marijuana, drug paraphernalia, $40 in singles

Discussion Questions Should the exclusionary rule apply to searches by school officials of students in high school? Why or why not? How much evidence should a school official have before searching a student’s purse or locker? Should the standards of probable cause or reasonable suspicion be required?

Discussion Questions Do you believe that the principal had the right to open the student’s purse? Could the marijuana and drug paraphernalia be used against her in court? Should high school students have fewer rights or the same rights as adults in the community? Explain.

Suspicionless Searches Searches usually considered unreasonable if there is no individualized suspicion of wrongdoing Ex: Police can’t search all people gathered on a street corner if they suspected only one of them to have committed a crime However, not ALL searches must be based on individualized suspicion

Suspicionless Searches A few exceptions: Border Searches Sobriety checkpoints Random drug & alcohol tests for railroad employees Why? SCOTUS found these searches to be reasonable and in support of a special need beyond ordinary law enforcement