4th Amendment Unreasonable Search and Seizure

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4th AmendmentUnreasonable Search and Seizure

• Katie
• Scott
• Andrew
• Luke
• US Government Pd.4
• Vincennes Lincoln High School

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History of the 4th Amendment

• U.S. restrictions on unreasonable search policy
  are based on 17th century English law that
  prevented the kings sheriff from entering
  citizens homes without permission.
• The British enacted a series of laws known as the
  Writs of Assistance, Making it legal for officers
  to search all homes, businesses, or merchant
  ships for any reason with a general warrant.

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• Throughout the nations history, the courts have
  played an important role to interpret the 4th
• The first court case was Weeks V. U.S. in 1914.
  The court ruled the 4th was enforced by the
  exclusionary rule, which required all evidence
  gathered during a illegal search be suppressed
  from a criminal trial in court. However the
  decision didnt state what could be done with
  illegal evidence.
• Mapp V. Ohio(1961)-court declared the
  exclusionary rule applicable in all U.S. courts.

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What does the 4th protect

• The 4th provides a safeguard to individuals
  during searches and detentions, and prevents
  unlawfully seized items from being used in a
  criminal case. The degree of protection in each
  case depends on the nature of the arrest,
  characteristics of the place searched, and
  circumstances under which the search takes place

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When does the 4th apply

• The 4th provides protection to individuals in
  the following situations.
• Someone is stopped for a minor traffic violation,
  and the officer ask to search the trunk.
• Police enter someone's house,apartment, or place
  of business to place them under arrest.
• An officer confiscates a persons vehicle or
  personal property under police control.

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Drug Testing

• Some companies are allowed to drug test employees
  legally because they are privately owned.
• Government agencies have restrictions on how and
  when they can drug test.
• Skinner V. Railway Labor Executives Association
  (1989), court upheld railroad workers can be drug
  tested to help prevent train accidents.

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Vehicle Search

• Police officers argue that vehicle searches often
  lead to finding illegal drugs or weapons.
• Knowles V. Iowa (1998), struck down a law that
  allowed police to do full vehicle searches after
  being stopped for a minor traffic violation.

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• Wyoming V. Houghton (1999) court said that the
  property of a vehicles passengers can be searched
  even when the driver is only the suspect.
• They can only search the passengers belongings,
  such as purse or shopping bag, but not his or her
  body, clothes, or pockets, which are privacy
  violations.

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Household Guests

• Minnesota V. Olson (1990), an overnight guest is
  entitled to the same protection as the home
  owners. This decision prohibits law enforcement
  from invading their privacy.
• Minnesota V. Carter (1998), dealt with the arrest
  of drug dealers who were bagging cocaine in
  someone elses home. Since the drug dealers only
  used the home for a brief period of time, they
  were not overnight guest and were not protected
  by the 4th Amendment.

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Privacy v. Public Safety

• One thing people want is privacy. But what if
  invading privacy saves innocent lives?

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• Citizens do not feel free when governments
  scrutinize their private lives. The U.S. citizens
  have adopted a sense of independence by the
  government respecting their right to be let alone.

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Privacy Act

• The privacy act gives people the right to know
  what the information is the government collects
  about them. It also keeps the government from
  selling peoples addresses to private companies

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Roe V. Wade

• Roe V. Wade (1973), decision reads
• The Constitution does not explicitly mention
  any right of privacy. In a line of decisions,
  however the Court has recognized that a right of
  personal privacy, or a guarantee of certain areas
  or zones of privacy, does exist under the
  Constitution These decisions make it clear
  thatthe right has some extensions to activities
  relating to marriage, procreation, contraception,
  family relationships, and child rearing and
  education.

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Bibliography

• Information came from
• - www.2facts.com
• - yahoo images