1. Welcome PICK UP 4TH AMENDMENT NOTES & “ALLOWED OR NOT ALLOWED”
Come show me your study guide.
And any past assignments that need to be added to the grade book.

2. Today’s Agenda Study Guide Check 4th Amendment Notes
Allowed or Not Allowed Worksheet (Required)
Study Guide #12-16
Optional Assignments
Mapp vs. Ohio
Rochin vs. California
- Reading is on my website (they are on the same article) and then answer the questions on the worksheet. Only do Mapp & Rochin. DO NOT DO SCHMERBER.

3. The Fourth Amendment

6. I. The History
Colonists upset about British searching for smuggled goods.
Search laws were very broad.
“General Warrants”- not specific in what they were searching for.
Founders wanted to avoid generality of warrants, so they implemented “unreasonable search and seizure.”
The Founders created this wonderful amendment that enables law enforcement to function, yet protects the public from abuse.

8. II. Search Warrant
a written order, issued by a judge, directing a peace officer to search for and seize property.
Grounds for Issuance
Peace officer must present an affidavit (sworn statement) stating:
Location to be searched.
Items to be seized.
Name of person in control of premises.
Allegation of crime.
Facts to probable cause. Not “possible”, probable!
Proving Probable Cause. – 2 pronged test.
Facts to show why stuff is there.
Facts to show why information/informant is reliable.
Totality of circumstances- if all info together convinces judge of high probability of finding stuff, warrant can be issued.

10. Searches without Warrants
On the back of your notes you will find instances where a search warrant is not required.
Emergency situations
Hot pursuit
Incident to a lawful arrest
Stop and frisk (temporary detention)
With consent
Lawful inspection
Plain view
Inventory searches
Vehicle searches

11. Now that we understand what the 4th Amendment covers it’s time to practice.
-Complete the worksheet titled “allowed or not allowed”
On this worksheet you are acting as a judge.
You will first decide whether or not the confession or the evidence would be allowed in your court.
Second, provide justification for your decision.

12. When you are finished pick up the Reading is on my website
-You should now be able to
complete on your study guide
When you are finished pick up the
optional assignment:
“Map vs. ohio & Rochin v California”
DO NOT DO SCHMERBER.
Reading is on my website