4th, 5th, 6th, 7th, 8th Amendments
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.

The 4th Amendment protects us against
searches unless there is probable cause
and a warrant for
 Probably cause more than bare suspicion,
common sense standard
 Searching for illegal items or evidence
 Seizure of contraband
 Arrest or detainment
○ The 4th is tied to the 5th because it provides for
your due process rights and prohibits selfincrimination
Probable Cause


Warrant requirements
 Gray areas of probable cause
When does the 4th
Amendment apply?
 Neutral magistrate
 Search by
 Specificity very important
government or
government agent
 Can search areas in
which evidence may
be found
 Areas where an
expectation of privacy
is shown
 Execution of warrant
○ Phone booth-yes
○ School locker-no
○ House-yes
○ Trash-no
 Supporting evidence
 Informants
Exceptions to the 4th Amendment





The Plain View Rule
Incident to Arrest
Motor Vehicle
search for
contraband
Inventory search of
impounded
evidence
Consent search
 Includes Facebook,
MySpace, websites





Border/Airport
search
Hot pursuit
Emergency situation
Evanescent
evidence doctrine
Stop and Frisk Rule
(Terry pat downs)
Exclusionary Rule-evidence obtained
illegally cannot be used in court


Weeks v. US (1914)exclusionary rule
applied at federal
level
Mapp v. Ohio (1961)
– exclusionary rule
incorporated
 Mapp charged with
owning obscene
books even though
police were looking
for an urban terrorist
More 4th Amendment cases

Good Faith rule
 US v Leon (1985)
 Arizona v Evans
(1995)

Pat downs
 Terry v Ohio (1968)

Plain view
 Harris v. US (1968)

Student searches
 New Jersey v. T.L.O.
(1985)
More 4th Amendment cases

Arizona v. Johnson
(2009)
 Court ruled a police
officer may search a
suspect in a routine
traffic stop if they
believe the suspect to
be armed and
dangerous no reason to
believe that they are
committing a crime.

Safford United
School District No. 1
v. Redding
 Court is considering
whether a strip
search of an 8th grade
student who had the
equilivant of 2 Advil
pills is constitutional.
(By the way, no pills
were found)
No person shall be held to answer for a crime, unless on an …indictment of a grand jury, nor shall
any person be subject for the same offense to be twice put in jeopardy …; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for public use, without just compensation.
Grand juries determine if enough evidence
exists to justify a trial and the charge
 Double jeopardy protects accused from being
tried twice for the same crime
 Eminent domain-allows the government to buy
private property and develop it for public use

 North East Mall
 New Dallas Cowboy stadium
 Highways
 Kelo v. City of New London (2005)
5th Amendment

Self-incrimination
You have the right to remain silent.
Anything you say can and will be used
against you in a court of law. You have
the right to an attorney. If you cannot
afford an attorney, one will be provided
for you at interrogation time and at
court.
 Miranda v. Arizona (1966)-the Miranda rule
requires that people under arrest must be
informed prior to interrogation of their due
process rights, the right to remain silent and
the right to an attorney
○ When does an interrogation start?
○ Do the police always have to read you your
rights?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Gideon v. Wainwright
(1963) –
 Gideon is arrested for his
3rd misdemeanor, tried
and convicted after
asking and being denied
a lawyer
 Gideon files a pauper’s
petition to Supreme Court
which rules in his favor
that all people deserve
the assistance of council
despite the crime

Rompilla v. Beard
(2005) – good counsel
must be provided
6th Amendment continued

Giles v. California (2008)
 He killed his girlfriend who had 3 weeks prior told
the police he threatened to kill her
 The Court sided with Giles
 Dissent: “This case involves a witness who, crying
as she spoke, told police how her former boyfriend
(the defendant) had choked her, opened a folding
knife, and threatened to kill her. Three weeks later
he did…The Court concludes that he may not have
forfeited his [6th Amendment] right. In my view,
however, he has.”
6th Amendment—right to
impartial jury

Importance of jury trials
 Juries are a product of
our distrust of
government beginning in
the 1700s
 In Texas, you can get a
jury for everything
 Criticism about juries is
unfounded
 Large interests are
trying to get rid of juries
8th Amendment --excessive bail shall not be
required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.

Gregg v. Georgia (1976)
 Court upholds right of states to have a death
penalty as long as a 2-part trial process is
provided and a legislature provides
standards in what crimes receive the death
penalty
 Death must not be “cruel and unusual”
 What about juvenile crimes?
○ Should juveniles be put to death for adult
crimes?
 What about white-collar crimes and blue-
collar crimes?
8th Amendment cases of interest

Baze v. Rees (2008)
 Lethal injection is an acceptable method of capital
punishment (7-2 vote)
 Chief Justice Roberts wrote: “Some risk of pain is
inherent in any method of execution—no matter how
humane—if only from the prospect of error in
following the required procedure. It is clear, then,
that the Constitution does not demand the avoidance
of all risk of pain in carrying out executions.”

Kennedy v. Louisiana (2008)
 Is the death penalty a permissible sentence under
the 8th Amendment ban on cruel and unusual
punishment for the crime of child rape, when the
crime did not result in the death of the victim?