The
th
4
Amendment
Notes 5-3
2 Types of Law
1. Criminal Law
• punishing those who commit crimes
– EX: Murder, Rape, Assault, Robbery, Arson,
Burglary/Theft
2. Civil Law
• often concerns liability for damages or
property
– EX: car damages, child support/custody,
wrongful death
The 4th Amendment
• No unreasonable search and seizure
• Protects people & their things
wherever they have a right to expect
privacy
• Video Link – The 4th Amendment
Should the government be
able to spy on it’s citizens?
Terms
• Probable Cause: reasonable belief a
crime was committed based on known
facts.
• Warrant: court order that allows police to
– make an arrest
– search a person or place
– take property as evidence
4th Amendment – Welcome Mat
Police technology at the U.S. Border
Exclusionary Rule
• Weeks v. U.S. (1914) and Mapp v.
Ohio (1961)
– Illegally obtained evidence cannot be
used in Federal or State courts
Searches without warrants
• Terry v. Ohio (1968)
– considered reasonable if police have
probable cause to believe a suspect will…
 escape
 destroy evidence
 harm others
Searches without warrants
• New Jersey v. T.L.O. (1985)
– Schools can search students if there are
reasonable suspicions
– Can be searched by…
• police, airports, customs, border patrol, FBI
Good Faith Exception
• U.S. v. Leon (1984)
– Good Faith Exception: if police believe
search is legal then the search can be
admitted in court
Should police be allowed to search
your cell phone after arresting you?
• Video Link