The Bill of Rights

(The 4th Amendment)

What is the 4th Amendment?

What controversies has it inspired?
 The Fourth Amendment
n The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures shall not be
violatedno warrant shall be issued, but upon
probable cause

n Two major issues:

n Unreasonable Search and Seizures
n Warrant Clause
 What is the origin of the 4th
Amendment?
n Originated during the
Revolution w/ British
troops searching colonial
homes
n general warrants

n The Founding Fathers

wanted the citizens to be
protected / feel secure
from the government
Searching Colonial Homes
Did an illegal search start the American
Revolution?
 What does the 4th Amendment mean
to me?
n This Amendment
provides citizens w/ a
reasonable expectation of
privacy in their homes /
persons

n Meaning:
n What you do in your
home is your business
unless it breaks the law
n probable cause
Pat Downs
Airport Security
Do full body scans violate the 4th Amendment?
Protect yourself?
Protect yourself?
Protect yourself?
Protect yourself?
Sobriety Checkpoints
GPS Tracking Devices
United States v. Jones (2011)
The NYPD and Muslim-Americans
Drug Testing
M.M. v. Solanco School District (2012)
The US Patriot Act
The Patriot Act, Wiretapping, &
Cell Phones
Illegal Wiretapping & The Black
Panthers (1960s)
What does the 4th Amendment say
about schools?
n Police / Admin do not
need probable cause to
search a student
n Schools are considered
environments of the
state

n Police do need to have

probable cause before
searching a school itself
n Bomb threats
n Criminal issues
Searching Students
Can you be strip-searched in school?
Safford Unified School District #1 v. Redding
(2009)
Searching Lockers
School Parking Lots
What is the Warrant Clause?
n What does a
policeman need in
order to search
your home?
n A warrant given
to him by a
judge
n Probable cause
is also needed
Can I be arrested without a warrant?
Plain View
Exigent Circumstances
Hot Pursuit
Searching Your Car
Think Jay-Z
 What is the Exclusionary Rule?
n The Exclusionary Rule holds that
any evidence obtained in an illegal
search cannot be used in court
n Without a warrant

n However there are exceptions to this

rule
n Evidence obtained by a private person
n No third parties
n Acting in good faith
n Inevitable discovery