4 th amendment By KEila Aguilar 4 th

4 th amendment By: KEila Aguilar

4 th 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.

Background Terry V. Ohio 1968 A police officer saw 3 men pacing by a jewelry store. He suspected a robbery was being planned. He performed frisk to Chilton and Jerry. Found illegal conceal weapons.

After weapons were found After the weapons were found Chilton and Jerry were convicted and appealed claiming that the seizure violated their fourth amendment.

After appealing After the men appealed the supreme court upheld the conviction because the officer had reasonable grounds to perform frisk. Officers are allowed to for the sake of safety for the public and themselves.

Stop - Frisk law

Stop - Frisk law 1. After initiating contact, police officers may pat down criminal suspects for weapons in order to provide for their safety and that of the public. This police practice is rarely, if ever, a violation of your constitutional rights. 2. If you are frisked, any hard objects the officer detects can be removed from your pockets and inspected. 3. You can be charged for possession of illegal weapons discovered through a lawful pat down. 4. Indicate that you do not consent to a full search of your person. Your proximity to the officer creates a limited window of opportunity in which to assert your rights. If you do not wish to be searched following the pat down, verbally indicate your refusal to be searched as soon as possible in order to avoid any misunderstandings. 5. Police CANNOT conduct frisks for the purpose of discovering evidence other than weapons. The Supreme Court has ruled that suspicious items other than weapons retain their Fourth Amendment protection during a frisk. This means that if a police officer claims that objects in your pocket feel like drugs, the objects cannot be further investigated without your consent.

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