1. Right Against Unreasonable Searches and Seizures
4th Amendment
Right Against Unreasonable Searches and Seizures

2. Background
Writs of Assistance
General Search Warrants

3. Search Warrants Today Must have a Search Warrant Probable Cause
Police must present “Probable Cause” to a judge / court to get a warrant (check on their power)
Specifications – Search Warrants are very specific as to what they are searching for and where they can search

4. Exclusionary Rule
Definition: Evidence obtained illegally cannot be used against you in court.
Mapp v. Ohio
But… if police are searching within the boundaries of the warrant and find something illegal they can use it against you

5. Good Faith Rule
If police are acting in “good faith” to the search warrant then the evidence can be used against you.
Examples:
Wrong date, time, street address on warrant

6. Searches In Schools Different than Society New Jersey v. T.L.O.
No Warrant is needed
All that is needed for a search is:
“on reasonable grounds to believe a search will uncover evidence of a violation of school rules”
Lockers
Backpacks / Purses
Cars on school grounds

7. Searches Without Warrants
Police can search you and your possessions without a warrant in six different scenarios / tests according to the Supreme Court

8. Lawful Inspections You have all probably been lawfully inspected
Airports
Borders
Anytime you willingly go through a metal detector would be a “lawful inspection”

9. Consent
If you give your consent / OK to be searched police don’t need a warrant
Consent to search the trunk of your car
Consent to search your house

10. Incident to Arrest
When you are arrested you and your possessions can be searched
Whatever is found may be used against you

11. Emergency
If police are responding to an emergency and they find something illegal it can be used against you
Responding to Fire

12. Plain View
What police can see in plain view can be used against you and constitute a search
How does an officer approach your car when you are pulled over (at night?)

13. Stop and Frisk
If an officer is viewing suspicious activity then they may be able to search
Supreme Court Case
Difficult to define
Cannot search if you just look guilty