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Warm-up: Feb. 4

Warm-up: Feb. 4. What are key aspects of the 4 th Amendment?. Warm-up: Feb. 5. The Fourth Amendment. The Fourth Amendment.

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Warm-up: Feb. 4

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  1. Warm-up: Feb. 4 What are key aspects of the 4th Amendment?

  2. Warm-up: Feb. 5

  3. The Fourth Amendment

  4. 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 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.”

  5. Intro. to the 4th The fourth amendment gives citizens the right to privacy, including their home, their property, and their person. Government cannot use its police power in ways that unjustly subject citizens to government interference. No unreasonable search and seizure - the police need evidence of a crime. Probable Cause - police must have good reason to believe they will find evidence of a crime

  6. TO OBTAIN A SEARCH WARRANT • Have probable cause • Be issued by a judge • Contain very specific information (what, where, and why) • Include a sworn affidavit by police that information is true

  7. EXCEPTIONS FOR POLICE SEARCHES WITHOUT A WARRANT: 1. The person is under arrest. 2. “Stop and Frisk” or “Pat Down” exception (police can frisk or pat down anyone they want to talk to for safety concerns) 3. “Hot Pursuit” or “No-Knock Entry” Exception (there is an emergency situation and/or the person is considered armed and dangerous) 4. Evidence is in “plain view”, (including garbage outside your home) 5. The person consents. 6. A crime is committed in police presence. 7. Automobile Exception (mobility of evidence)The person considered armed and dangerous 8. Border Search Exception (no Fourth Amendment rights at the border, including mail 9. Airport Search Exception (no Fourth Amendment rights at the airport) 10. Disposable Evidence Exception (evidence could move, disappear, or change; DUI test justification) 11. Public Schools Exception (school officials need only “reasonable suspicion”) 12. Drug Testing Exception (community safety justification) 13. “Special Needs” Exception (e.g., Vernonia v. Acton drug testing justification; balancing test of the public interest and how effective the action would be vs. an individual’s expectation of privacy and degree of intrusion/pain inflicted)

  8. Exclusionary Rule: The principle based on federalConstitutional Lawthat evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonablesearches and seizurescannot be used against the suspect in a criminal prosecution.

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