Due Process and Search and Seizure- 4 th and 14 th Amendments.

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Due Process and Search and Seizure- 4 th and 14 th Amendments

Selective Incorporation Selective Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment.

The 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.

The first part provides protection against unreasonable searches and seizures. The second part of the amendment provides for the proper issue of specific warrants

Weeks v. United States exclusionary rule Weeks v. United States (1914) established the exclusionary rule barring the admission of illegally obtained evidence in federal courts.

What to do with illegally obtained evidence? Do not allow evidence obtained illegally Allow evidence and punish the officer for collecting evidence improperly

Mapp v. Ohio (1961)

Sgt. Carl Delau, a vice cop in plainclothes, rang the buzzer of Mapp's second story home. The woman looked out a window. "Let Me In, Dollree"

The Court declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court."

Mapp v. Ohio (1961) The Exclusionary Rule is selectively incorporated. As a result, states could not use evidence obtained illegally, to convict an individual.

Searches and Seizures without Warrants Things in Plain View Things in Open Fields Things in Immediate Controlonce an arrest has been made Voluntary Consent to Search *** Protective Sweep Search Emergencies Exigent circumstances

Terry v. Ohio (1968)

Nix v. Williams (1984) SCOTUS institutes the inevitable discovery exception.

U.S. v. Leon (1984) SCOTUS institutes the good-faith exception.

Mapp Rule Nix v. Williamsinevitable discovery ruleU.S. v. Leon good faith exception The Mapp Rule has since been modified by decisions of the Burger Court, including Nix v. Williams, 1984 (inevitable discovery rule), and U.S. v. Leon, 1984 (good faith exception), so the exclusionary rule is no longer as absolute as when first handed down in Mapp.

Search and Seizure and School

New Jersey v. T.L.O. (1985) SCOTUS institutes reasonable suspicion rule as opposed to probable cause.

Vernonia School District v. Acton (1995) SCOTUS upheld mandatory suspicionless drug testing for all students participating in athletics.

Board of Education v. Earls (2002) SCOTUS upheld mandatory suspicionless drug testing for all students.

Fruit of the Poisonous Tree Doctrine