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Safeguarding Rights: The 4th Amendment Explained

Dive into the 4th Amendment's key concepts, from probable cause to exclusionary rule, and understand how it protects against unlawful searches and seizures. Learn about landmark cases shaping constitutional protections.

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Safeguarding Rights: The 4th Amendment Explained

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  1. The 4th Amendment Chapter 20.2

  2. The 4th Amendment • Prevents Writs of Assistance • Blanket Search warrants • “The right of people…against unreasonable search and seizure…no warrants shall issue but upon probable cause.” • The 14th Amendment extends this guarantee to the states • The states must also follow this principle.

  3. Probable Cause • Reasonable suspicion of a crime • “Plain View” v. anonymous tips • Arrest- Seizure of a person • arrests do not need search warrants-probable cause. • Automobiles • “Movable crime scene” • California v. Acevedo-1991 • “one clear cut rule to govern automobile searches” • Police can search anything inside of a car if they have probable cause • Even “closed containers”

  4. Exclusionary Rule • In an unlawful search and seizure, can tainted evidence be used? • If evidence is gained through unlawful means it may not be used in a trial court. • Mapp v Ohio-1961 • Illegal search for gambling evidence turned up something else • 14th amendment forbids unreasonable searches and seizures in states • In a state court the “fruits of an illegal search” cannot be used

  5. Exceptions to the Exclusionary Rule • “Inevitable Discovery” • If evidence would have been discovered; it’s okay • “Good Faith” • police tried to follow the law • “Honest Mistakes” • Evidence as the result of a mistaken search

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