The 4 th Amendment Chapter 20.2. The 4 th Amendment Prevents Writs of Assistance Blanket Search warrants “The right of people…against unreasonable search.

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Presentation transcript:

The 4 th Amendment Chapter 20.2

The 4 th Amendment Prevents Writs of Assistance Blanket Search warrants “The right of people…against unreasonable search and seizure…no warrants shall issue but upon probable cause.” The 14 th Amendment extends this guarantee to the states The states must also follow this principle.

Probable Cause Reasonable suspicion of a crime “Plain View” v. anonymous tips Arrest- Seizure of a person arrests do not need search warrants-probable cause. Automobiles “Movable crime scene” California v. Acevedo-1991 “one clear cut rule to govern automobile searches” Police can search anything inside of a car if they have probable cause Even “closed containers”

Exclusionary Rule In an unlawful search and seizure, can tainted evidence be used? If evidence is gained through unlawful means it may not be used in a trial court. Mapp v Ohio-1961 Illegal search for gambling evidence turned up something else 14 th amendment forbids unreasonable searches and seizures in states In a state court the “fruits of an illegal search” cannot be used

Exceptions to the Exclusionary Rule “Inevitable Discovery” If evidence would have been discovered; it’s okay “Good Faith” police tried to follow the law “Honest Mistakes” Evidence as the result of a mistaken search