4th Amendment

4th 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.

Unreasonable Search and Seizure

The government cannot conduct an unreasonable search or seizure on your:

• person
• house
• papers
• effects (ex. car)

Warrant

Government must show probable cause and list what they are looking for before getting a warrant.

Privacy Interest?

Katz Test:

1. Subjective expectation of privacy:
• show that you expect privacy by, for example, putting a lock on it, closing the door
2. Objective expectation of privacy:
• Would an average person agree that this is a sign that you expect privacy?

“The fourth amendment protects people, not places.”

When does the 4th Amendment Apply?

Decision making process:

1. Is there a state actor?
• someone who works for the government
2. Did the individual have a privacy interest at stake?
• Katz test- #1
3. Was that privacy interest reasonable?
• Katz test- #2
4. If the answer to 1-3 is yes, there is a search/seizure.
5. Was the search/ seizure reasonable?
• if you’re looking for an elephant, you can’t search a drawer

Exclusionary Rule

If the police violate the constitution, the court suppresses (doesn’t take into account) the evidence.

Homework!!!

Due Wednesday:

• come up with questions for Mr. Lange’s brother

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Due Thursday:

• Watch “Facts of the Case” video, take notes with Video Notes