Fourth Amendment: Search and Seizure

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Fourth 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…”

Basics of Fourth Amendment• Applies to Federal

Government• Also applies to state

governments, through 14th Amendment

• DOES NOT apply to private citizens or organizations!– Unreasonable searches,

seizures are subject to lawsuits (false imprisonment, etc)

The Exclusionary Rule• Weeks v. US (1914):

evidence obtained by government in violation of 4th Amendment is NOT ADMISSIBLE against defendant, at trial

• Keeps police from willful violation of suspect’s rights

• Does not apply to private citizen’s illegal seizure of evidence (passenger in car snitches on driver’s stash)

“Fruit of the Poisonous Tree”• Government may not

introduce evidence at trial that was obtained through an illegal search

• Evidence is tainted by the illegal search

• So what is a search?

What is a Search?• Katz v. US

– Governmental action must interfere with a person’s actual, subjective expectation of privacy AND

– The expectation of privacy must be reasonable (societal standard)

– Lets practice!

What is a search? Problem #1• First part: Person

must show they kept evidence in a manner designed to ensure its privacy

• Second part: Would society at large deem a person’s expectation of privacy to be reasonable?

What is a Search? Problem #1• Is it a “search” if the police look through

a person’s garbage?– NO (not a search)

• Is garbage kept in a manner designed to ensure its privacy?

• Would a reasonable person expect item placed in garbage remain private?

What is a search? Problem #2• Can police conduct a search on a level less

than probable cause?– 4th Amendment requires probable cause for a

search– BUT… Terry v. US

• If a policeman observes unusual conduct that leads him to reasonably believe that criminal activity may be afoot; AND

• that the suspicious person has a weapon AND• is presently dangerous to the policeman or others

– Then the officer may perform a pat down search (“frisk”) to determine if person is carrying a weapon

What is a search? Problem #3• Can the police stop a person for

questioning?– NO! Unless… Terry v. US

• If a policeman observes unusual conduct that leads him to reasonably believe that criminal activity may be afoot; AND

• The policeman stop is temporary– Officer can ask whether a car is stolen, for

example, but after confirming it is not, cannot keep person detained to ask about something else

Seizure of a Person• A person may not be detained, even

momentarily, by police without reasonable, objective grounds for doing so

• A refusal to listen to or answer questions, without more, cannot furnish those grounds

Seizure of a Person• A person is “seized” within the

meaning of the Fourth Amendment only when…– By means of physical force OR show of

authority– His freedom of movement is restrained– And in the circumstances, a reasonable

person would believe that he was not free to leave