1. Search & Seizure The act of taking possession of this property.
A hunt by law enforcement officials for property or communications believed to be evidence of crime.
Search & Seizure
The act of taking possession of this property.

2. “Right to Privacy?”
There is no EXPLICIT “right to privacy” in the Constitution Fourth Amendment does, however, set out right to be free from “unreasonable search and seizures”

3. Fourth Amendment
“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 no Warrants shall issue, 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.”

4. …In plain English?
The government can’t search you or your property without probable cause
Does not apply to ordinary citizens
Under certain conditions, the gov’t needs a search warrant to actually look through your personal belongings.

5. To be clear… Does NOT grant citizens ABSOLUTE privacy
Does NOT prohibit ALL searches
Only those “unreasonable”

6. Individual’s reasonable
expectation of privacy
Government’s need
to gather information

7. Is It Legal?
Once an individual is arrested, courts decide whether any evidence found in search was legally obtained
If search is found unreasonable, evidence in search cannot be used against defendant in trial
“Exclusionary Rule”
Defendant CAN still be convicted

8. Search Warrants
Court order obtained from a judge, who is convinced there is a bona fide (real, genuine) need to search a person or place.

9. Filing a Search Warrant
Someone, usually a police officer, must file an affidavit
sworn statement of facts and circumstances that provide the probable cause to believe a search is justified.
Warrants must SPECIFICALLY list person or place to be searched and PARTICULAR things to be seized.

10. Search Process
When a search warrant is granted, police generally must…
Knock
Announce their purpose and authority
Request admission before entering a premises
“Knock and announce” test can be broken if circumstances present threat to officer OR if evidence would likely be destroyed if advance notice were given
Exigent circumstances

11. Legal Searches Without Warrant
Stop and frisk
Search incident to a lawful arrest
“Grab area” and “protective sweep” searches
Consent
Border and Airport Searches
Hot Pursuit
Vehicle Searches
Emergency Situations
Plain View

12. Public School Searches
SCOTUS granted schools broad discretion to search students & their possessions New Jersey v. TLO (1985): Schools only need reasonable suspicion, rather than probable cause, that a search will uncover evidence that student is violating school rules or the law. Lockers? School property and “students do not have a reasonable expectation of privacy in property owned by the school.”

13. New Jersey v. TLO (1985) Vice principal suspects student of smoking
Student questioned, denies smoking
VP searches student’s purse
Purse contains
Cigarettes, rolling papers
Marijuana, drug paraphernalia, $40 in singles

14. Discussion Questions
Should the exclusionary rule apply to searches by school officials of students in high school? Why or why not?
How much evidence should a school official have before searching a student’s purse or locker? Should the standards of probable cause or reasonable suspicion be required?

15. Discussion Questions
Do you believe that the principal had the right to open the student’s purse? Could the marijuana and drug paraphernalia be used against her in court?
Should high school students have fewer rights or the same rights as adults in the community? Explain.

16. Suspicionless Searches
Searches usually considered unreasonable if there is no individualized suspicion of wrongdoing
Ex: Police can’t search all people gathered on a street corner if they suspected only one of them to have committed a crime
However, not ALL searches must be based on individualized suspicion

17. Suspicionless Searches
A few exceptions:
Border Searches
Sobriety checkpoints
Random drug & alcohol tests for railroad employees
Why?
SCOTUS found these searches to be reasonable and in support of a special need beyond ordinary law enforcement