The Fourth Amendment

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					 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.”
This website is a lesson in how
  the internet won’t let you
 escape from your mistakes.
            www.felonspy.com
Is this website a violation of these people with felonies’
 fourth amendment rights ? Should they have the same
           rights as people without felonies?
          Big Questions
What can the police look for, where, and
when?

What protections do I have against
government (and law enforcement) from
“spying” on me?

What information is public and what can I
expect to keep secret?
            Exclusionary Rule
In a trial, evidence that is gained
in a way that violates the 4th
Amendments protections will
not be allowed
a jury will be instructed to
disregard it in their deliberations

This DOES NOT mean the entire
case is bad, rather a prosecutor
must make the case without the
offending evidence.
Personal Rights
What can the police look for,
    where, and when?
                        Warrant
  Any “Search and/or Seizure” requires a warrant

The right of the people to be
secure in their persons,
houses, papers, and effect,
against unreasonable searches
and seizures, shall not be
violated, and no Warrants
shall issue, but upon probable
cause…                           Eighties Power Rockers “Warrant”
                    Probable Cause

 …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.
                                      Is meeting the profile of a
EXCEPT (reasonable limitations)…   criminal enough probable cause
                                       for police to investigate?
          Reasonable Suspicion
“Reasonable Suspicion” can lead
to an officer investigating further
and finding enough evidence to
meet “probable cause”

…but remember probable cause
gives the officer the permission
to GET A WARRANT, not to
search or seize something.
                                      Your poor driving gives an officer “reasonable
                                       suspicion “ off your drunk driving. He then
                                      investigates to determine probable cause for a
                                                         full search.
                   Stop & Frisk
…is NOT a “search”
Why is it not considered a
 search?

When can an officer do it?

What an officer finds during
 “Stop and Frisk” can lead
 them to finding “probable
 cause”
 Exceptions to your 4th Protections
1. Stop & Frisk
     Terry v. Ohio
     Meeting “Terry Criteria”
 Exceptions to your 4th Protections
1.Stop & Frisk
2.Hot Pursuit
 Exceptions to your 4th Protections
1.Stop & Frisk
2.Hot Pursuit
3.Consent
 Exceptions to your 4th Protections
1.Stop & Frisk
2.Hot Pursuit
3.Consent
4.Exigent
  Circumstance
 Exceptions to your 4th Protections
1.Stop & Frisk
2.Hot Pursuit
3.Consent
4.Exigent Circumstance
5.Automobile
 Exceptions to your 4th Protections
1.Stop & Frisk
2.Hot Pursuit
3.Consent
4.Exigent
  Circumstance
5.Automobile
6.Plain View
 Exceptions to your 4th Protections
1.Stop & Frisk
2.Hot Pursuit
3.Consent
4.Exigent
  Circumstance
5.Automobile
6.Plain View
7.Good Faith
 4th Amendment Issues & Questions


1.Reasonable
  Expectation of
  Privacy


                    California v. Greenwood
4th Amendment Issues & Questions

1.Reasonable
  Expectation of
  Privacy
2.Eavesdropping &
  Surveillance
4th Amendment Issues & Questions
1.Reasonable
  Expectation of
  Privacy
2.Eavesdropping &
  Surveillance
3.Drug Testing
     4th Amendment Issues & Questions
  What about full body scans?

  Unnecessary search?
  Has probable cause been
established?
  What would a police officer
have to do to conduct this
thorough of a search?
  Consent?
 So what about now? After all
 this information, do you still
      think the same way?
            www.felonspy.com
Is this website a violation of these people with felonies’
 fourth amendment rights ? Should they have the same
           rights as people without felonies?

				
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posted:9/13/2011
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