AP Government
2015-2016
Unit 4: Civil Liberties
Lesson 6
I.
Introduction
A. Objective: Search and Seizure
B.
II.
Do Now: What does the Fourth Amendment say about search and seizure? Be specific!
Historically
A. Colonial America
III.
B.
Fourth Amendment
C.
Protections
Reasonable Search and Seizure
A. Katz v. United States (1967) - #1
B. New Jersey v. T.L.O. (1985) - #2
C.
Decision: Vernonia School District v. Acton (1995) - #3
D. United States v. Jones (2012) - #4
IV.
Exclusionary Rule
A. Problem
B. Weeks v. United States (1914) - #5
C.
Silverthorne Lumber Co. v. United States (1920) - #6
D. Mapp v. Ohio (1961) - #7
E.
V.
United States v. Leon (1984)
Conclusion
A. Although well intentioned, the 4th Amendment is vague and ambiguous. The Framers were explicit in their desire to
protect the rights of citizens, but they did not provide a clear framework for what is considered “reasonable” search or
seizure.
B.
Police procedure revealed inconsistencies and raised many questions, but the Supreme Court did not play a major role in
interpreting the Fourth Amendment until the late 20th century.
C.
The exclusionary rule was established as a guideline for courts to determine the admissibility of evidence. The rule states
that evidence that is not obtained within the scope of the Fourth Amendment cannot be used as evidence.
Key Terms, Concepts, Events, People, and Places:
Writs of Assistance
Fourth Amendment
Probable Cause
Warrant
Katz v. United States
New Jersey v. T.L.O.
Weeks v. United States
Exclusionary Rule
Silverthorne Lumber Co. v. United States
Mapp v. Ohio
United States v. Leon
“fruit of the poisonous tree” doctrine
“Good Faith” Exception
Questions to Consider:
1.
How did the British “writs of assistance” influence the development of the Fourth Amendment?
2.
Explain the protection guaranteed in the 4th Amendment. In what ways have the courts worked to enforce the 4th Amendment?