4th Amendment

Translate 4th Amendment into Your Own Words “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”

4th Amendment Protection against unreasonable searches and seizures The protections offered by the 4th Amendment keep the rights to privacy and personal security protected

Reasonable Suspicion A “reasonable” (thoughtful, sane, intelligent) person might think something is wrong based on watching a situation This is the starting point for a warrant…A police officer would need stronger evidence for a warrant

Probable Cause MUST have some hard evidence to show that a person is part of a crime Evidence that would get a warrant: Witness testimony Fingerprints Video tape of crime being committed DNA found at the scene Shoe prints found at the scene Hair and clothing fibers found at the scene

Search Warrant A legal document issued by a judge that specifically states: WHAT the police are looking for AND WHERE the police may look **If the police don’t follow the details of the warrant then the evidence they find might not be allowed in court. It could not be used to try to convict the criminal.

Search Warrant

Search Warrant is not needed… When the person gives permission to search When the police believe the evidence WILL be destroyed if they leave to get a warrant If the person is being arrested If the police are chasing someone (Hot Pursuit)

ARRESTS An arrest needs a warrant to be legal HOWEVER, an arrest can happen without a warrant if: A SERIOUS CRIME (Felony) takes place and there is no time to get a warrant because the crime is in progress. A judge will decide if there is probable cause to continue holding the person in jail If a MINOR INFRACTION (Misdemeanor) of criminal law takes place and is committed in front of the arresting officer

Arrest Warrant

FINGERPRINTING Allowed only if an arrest warrant is issued based on probable cause

PLAIN VIEW If evidence is out in the open it may be used against you, even if it is not listed on a warrant

SURGERY State/government may NOT compel/require major surgery under general anesthesia to get evidence unless there is absolutely no other way to obtain the evidence needed in the case OR some harm may come to the person if the surgery is NOT performed.

TERRY STOP Police may stop & frisk a person if have the police have reasonable suspicion that criminal activity is going on EXAMPLE: stand on corner in dangerous neighborhood and run away when police in sight – running in high crime area