4th Amendment: Search and Seizure

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SEARCH AND SEIZURE The 4 th. Disclaimer Mr Koepping is NOT an attorney. This discussion is for the purpose of explaining general constitutional principles.

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Presentation transcript:

4th Amendment: Search and Seizure

Amendment 4 states that: Unreasonable search and seizure of private property are forbidden. Police must have a warrant before entering a home to collect evidence.

A search warrant must include: The address and place to be searched. Specifically what the police are looking for. If additional materials are found, a new warrant must be issued. A judge must issue warrant. **PROBABLE CAUSE-with good reason.

A warrant is NOT needed when: Evidence is in “plain view” (as long as the police had a right to be at the location) If there is an immediate danger. (the emergency exemption) Traffic stops-as long as: 1. the police believe there is probable cause to search the car.

(continued) D. Body search-the police can “frisk” suspects. 2. cannot search just for a traffic infraction, but can ask the driver and passengers to get out of the car for safety reasons. D. Body search-the police can “frisk” suspects.

Mapp vs. Ohio Set precedent that all evidence obtained illegally in a police search is unconstitutional and not allowed in court.

School administrators only need “reasonable” cause to search students. T.L.O vs. NEW JERSEY Do school officials have the right to search students personal possessions during school? YES!!!!! School administrators only need “reasonable” cause to search students. Schools have a responsibility to provide a safe environment for students.