The Fourth Amendment FREEDOM FROM UNREASONABLE SEARCH AND

The Fourth Amendment FREEDOM FROM UNREASONABLE SEARCH AND SEIZURE

The 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 Warrant 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.

Let’s Explore the text “The Right of the people” Who are the people?

Let’s Explore the text “secure in their persons, houses, papers, and effects” Persons Houses Papers Effects

Let’s Explore the text “against unreasonable searches and seizures” What does “reasonable” mean? Safety vs. Freedom

Let’s Explore the text What does it mean to be seized? Are you free to leave? Are you free to collect your property?

When can the police seize you? “(N)o Warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons things to be seized. ” Is this standard fair? What protections do we have?

What does “Probable Cause” mean? Facts and circumstance would convince a reasonable person that a crime is being committed or has been committed What does reasonable mean? Does not mean “Guilty”

What does this mean for you? You DO NOT give up your Fourth Amendment rights when you enter school However, courts have recognized a reduced burden on schools to justify searches of students persons or possession in school. In 1985, the Supreme Court decided in New Jersey v. T. L. O. that schools can search students if they have a “reasonable suspicion” that students have drugs, weapons, or contraband. Searching students for cigarettes if they were suspected of smoking in bathroom

What does this mean for you? “Reasonable suspicion” is not “probable cause” What is the difference? Why reduce the standard?

th 4 What does the Amendment mean to you, right now? Make a list of your personal effects. Hold up one of these effects We know that we don’t forfeit our rights when we enter a school, but does the 4 th Amendment protect this item against search and seizure? The answer comes down to a “reasonable expectation of privacy”

A Reasonable Expectation of Privacy 1. ) Do you actually expect privacy in your effects that you bring with you to school. Usually, yes. What if you brought your effects to school in a clear plastic bag? 2. ) Is this expectation of privacy one that others would see as reasonable? Does society (this class) agree that the medicine in your purse or the contents of your wallet should be private? Are there other interests government officials have in maintaining safety and order?

When Can the police search without a warrant? 1. ) With the person’s consent 2. ) When it’s necessary to protect an officers safety Sometimes more than one person has the power to grant consent “Stop and Frisk” 3. ) When you have already been seized, lawfully. Search incident to an arrest 4. ) The evidence is in plain view 5. ) Exigent circumstances The evidence is about to be destroyed “Hot pursuit”