THE
TH
4
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.
RIGHTS OF THE ACCUSED
• INNOCENT UNTIL PROVEN GUILTY
• POLICE NEED EVIDENCE AND IT MUST BE
OBTAINED LEGALLY
HOW CAN POLICE OBTAIN EVIDENCE
• LEGAL SEARCH AND SEIZURES
• Search warrant- police must need probable
cause, it must describe the places to be
searched and the person or things needed to
be seized
• Plain view- Something that can be seen out in
the open by the police
Payton v. New York
• Supreme Court case
• Ruled that police cannot search a home unless
they have a warrant unless it is a life –
threatening emergency
Special Situations
• Whren v. United States- ruled police to search
if they see someone breaking the law
• California v. Greenwood- ruled the police can
search your trash without a warrant
Exclusionary Rule
• Illegally obtained evidence cannot be used in
court
• U.S. v Leon- states as long as police act in good
faith when asked for a warrant , the evidence
they collect may be used in court even if the
warrant turns out to be flawes
California v Acevedo
• The court ruled that the police were free to
search an automobile and the containers
within it where they have probable cause to
believe contraband or evidence is contained
High School and Search and
Seizure
• New Jersey v. T.L.O. School officials do not
need a warrant or probable cause to search
students or their possessions. They only need
reasonable suspicion.
• Vernonia School District v. Acton- Court ruled
that all students competing in sports could be
drug tested.