1. The 4th Amendment
Notes 5-3

2. 2 Types of Law 1. Criminal Law 2. Civil Law
punishing those who commit (violent) crimes
EX: Murder, Rape, Assault, Robbery, Arson, Burglary/Theft
2. Civil Law
concerns liability for damages or property
EX: car damages, child support/custody, wrongful death
Criminal: For offenses committed against society
Criminal acts violate public order/peace
Local, State, or Federal govts prosecute these cases

4. The 4th Amendment No unreasonable search and seizure
Protects people & their things when they have a right to expect privacy
Video Link – The 4th Amendment
Police cannot carry out “unreasonable” searches and seizures of a person or their property (house, papers, effects, persons)
* Need a warrant issued by a judge,
** warrants must be based on suspicion that a person is involved in a crime (probable cause) and…
*** warrants must detail specifically what police will search, where, when, and what they are looking for

5. Should the government be able to spy on it’s citizens?

6. Terms Probable Cause: Warrant: court order that allows police to
reasonable belief a crime was committed based on facts
Warrant: court order that allows police to
make an arrest
search a person or place
take property as evidence
In order to get a warrant police must first show there is __________ ___________. (Probable Cause)

7. 4th Amendment – Welcome Mat

9. Police technology at the U.S. Border

10. Exclusionary Rule Weeks v. U.S. (1914) and Mapp v. Ohio (1961)
Illegally obtained evidence cannot be used in Federal or State courts
Nix v. Williams: can improperly obtained evidence be excluded from a trial? Not if it would have been discovered eventually
Illegally obtained evidence is admissible if it would have been “inevitably” discovered by lawful means (Nix v. Williams)

11. Searches without warrants
Terry v. Ohio (1968)
considered reasonable if police have probable cause to believe a suspect will…
escape
destroy evidence
harm others
Other than police, who do you think has the legal authority to make a search of you with or without a warrant?
- airports, customs, border patrol, schools, stadium security
Students have a reduced expectation of privacy when in school…rights are relative.
Privacy of students is balanced with need to keep schools safe and maintain order and discipline
**schools DO NOT need Probable Cause or a Warrant, school officials only need reasonable suspicion
Schools have main priority of keeping students safe; therefore, schools DO NOT need a search warrant or probable cause before conducting a search of students NJ search was ruled “reasonable” by the Supreme Court
Some Supreme Court Justices dissented and said students have same rights in school as adults outside of school
Schools act In loco parentis – “ in the place of parents”

12. Searches without warrants
New Jersey v. T.L.O. (1985)
Schools can search students if there are reasonable suspicions
Can be searched by…
police, airports, customs, border patrol, FBI
A case in which the Court held that a New Jersey public school principal has the right to search a student's purse without a warrant.

13. Good Faith Exception U.S. v. Leon (1984)
Good Faith Exception: if police believe search is legal then the search can be admitted in court

14. Should police be allowed to search your cell phone after arresting you?
Video Link

15. Surprising ways the Police can search you
Link