1. Name that tune!
Raise your hand if you know how to answer BOTH of the questions below.
Artist?
How does this song relate to what we’re learning today?

2. 4th Amendment

3. What is “unreasonable”
Amendment 4:
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 Warrants shall not be issued,
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.
Q: What is an unreasonable search and seizure?

4. Your friend is being charged with a crime
Your friend is being charged with a crime. Which pieces of evidence should be allowed if police didn’t have a warrant?
Item/location Searched without a warrant
Can police use this evidence against her?
Why? Why not?
Evidence from her school locker
Websites she visited on her home computer
An she sent to a friend
Info from her Facebook page, including status updates and pictures with tagged people/locations
The contents of her cell phone
Trash from her home that the family had put out on the curb
Something in her fenced backyard, not visible from the street

5. Question:
If the police showed up at your house and asked to search the house, could you say no?
Would you?

6. Basic Principles of the 4th Amendment
Warrant is required for a search (but there are exceptions)

7. The Exceptions
Owner of the property in question may consent to the search
Have the right to refuse
But police don’t have to tell them they have that right
Can I search your pockets?
Yes.

8. Exceptions
2. When an individual does not have a “reasonable expectation of privacy”
Writing on the outside of an envelope
Garbage left on the curb
Anything you “knowingly expose” to a third party

9. Exceptions 3. Automobile Exception
Cars have less protection than houses
“Terry frisk” of people allowed
Also extends to cars:
Immediate areas you can reach can be searched to look for weapons

10. Jay-Z’s 99 Problems
What does he get right?
What does he get wrong?

11. Exceptions
4. "Exigent circumstances“
When the cops must act quickly

12. Exceptions
5. Arrest
After arrest, police may search the arrested person & area w/in the their immediate control

13. Mapp vs. Ohio
Police got a tip that Mrs. Mapp was harboring a bombing suspect
She refused to let them enter her house, they broke in
Found obscene books, pictures, and photographs
She was charged & convicted

14. Mapp v. Ohio Decision
Supreme Court decided that it was an unreasonable case of search & seizure
Creates the Exclusionary Rule:
The government can’t use evidence found in cases where there has been an unreasonable search and seizure
Why might some people argue this is a bad rule?

15. In Schools New Jersey vs. TLO Student caught smoking, purse searched
They found marijuana & she was convicted

16. New Jersey v. TLO This was a reasonable search
Fewer 4th Amendment rights in school
Schools have a legitimate interest in student safety
Schools only have to show a "reasonable suspicion"

17. Other “searches” in schools
Vernonia School District v. Acton, 1995
Random drug tests are permissible to ensure school saftey
Safford Unified School District v. Redding, 2009
Strip searches not permissible in this circumstance

18. Katz v. United States
Police were investigating Katz (running a gambling ring)
They attached a listening device to the outside of a phone booth
Evidence was used at trial

19. Katz v. United States
Supreme Court ruled that his 4th Amendment rights had been violated
Electronic "listening to" and recording of Mr. Katz's conversation violated the privacy upon which he justifiably relied

20. New 4th Amendment issues
Predict: Can the police search the cell phone in your pocket if you’re arrested?
Answer: Not unless they have a warrant.
In the decision of Riley v. California, the court ruled that a warrant is required for a cell phone search.

21. Can they search? With a warrant OR Owner consents No privacy Car
REASONABLE SEARCH
UNREASONABLE SEARCH
With a warrant OR
Owner consents
No privacy
Car
Exigent circumstances
Arrest
Schools
Without a warrant AND doesn’t meet any of the categories at left
THEN the exclusionary rule applies