THE FOURTH AMENDMENT

By Kate and Jess

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.

TRANSLATIONNo one has the right to conduct unreasonable searches and seizures without a warrant.

warrant- a document issued by a legal official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.

WARRANT Probable clause Specifically Outlines the case Elephant clause- search has to be specific

EXCEPTIONS TO WARRANT REQUIREMENT Traffic Stops Terrorism Plain view doctrine- an item can be seized if it is in sight Crucial Circumstances Reasonable searches

NEW JERSEY V. T.L.0, 1985 Where: a New Jersey high school Who: 14 year old freshman girl What:

She broke school rules by smoking in the bathroom. Vice principal searched her purse. Found evidence of her being a marijuana dealer.

Next: Police charged her of criminal activity using the evidence found in her purse.

Constitutional Problem: Her personal property was acquired through what her attorneys called an illegal search and seizure.

Ruling: 6 to 3 ruling against T.L.O.

REASON FOR THE RULING The search of T.L.O. was reasonable. Additionally ruled that school officials do not have to meet same standards

as police. Warrants are not suited for schools need for quick disciplinary action. Court replaces the “probable clause:” requirement with “reasonableness”.

KATZ V. UNITED STATES 1967 Fourth Amendment protections expanded significantly with Katz v. United States.

In Katz, the Supreme Court expanded that focus to embrace an individual's right to privacy.

KATZ V. UNITED STATES 1967 (CONT.) Who: Charles Katz and the FBI What: The FBI used evidence acquired through bugging a telephone both

to convict Katz of sharing betting information from L.A. to Miami and Boston.

Constitutional Problem: A public telephone is a constitutionally protected area and obtaining evidence by attaching an electronic listening device to it violates the user’s rights.

Ruling: 7 to 1 against the government Reason: Katz assumed he had privacy in the telephone booth but the FBI

illegally took that away.

COLLEGES AND JOBS Social Media Fired Not Accepted

CALIFORNIA V. ACEVEDO, 1991 An agent told his officer he had seized a Federal Express package

containing marijuana which was addressed to a man named J. R. Daza A man Jamie Daza claimed the package and police followed him to his home

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