Street LawFourth Amendment Rights

Mr. BachGovernment

Fourth Amendment of the US Constitution

• 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.

Historical Basis

• English Common Law – “A Man’s House is his Castle”

• Writs of Assistance Case during the Revolution

Probable Cause

• Reasonable Suspicion (hearsay, circumstantial evidence)

• Probable Cause (directly seeing or experiencing something)

Mapp v. Ohio (1961)

• Evidence of illegal gambling seized in a home during a police raid without a clear written warrant

• All evidence obtained is to be excluded in court proceedings

• 6-3 ruling

Terry v. Ohio (1968)

• Cleveland PD Officer had suspicion a robbery was about to take place, patted down suspects and felt a gun

• Court says it is reasonable to “stop and frisk” outer clothing with suspicion

• 8-1 decision

New Jersey v. T.L.O. (1985)

• Smoking in bathroom leads to Vice Principal searching T.L.O’s purse leading to evidence of marijuana dealing (expulsion)

• 6-3 decision for the state• Safe school environment

trumps individual rights• School officials are not

Law Enforcement Officers

Michigan Dept. of State Police v. Sitz (1990)

• State has a substantial government interest to curb drunk driving

• Surprise is essential to making it function

• The delay caused to drivers was negligible

• 6-3 ruling