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4 th Amendment

4 th Amendment . What is the 4 th Amendment?.

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4 th Amendment

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  1. 4th Amendment

  2. What is the 4th 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.

  3. T.L.O. Case. • In New Jersey v. T. L. O., 469 U.S. 325 (1985), the Supreme Court ruled that searches in public schools do not require warrants, as long as the searching officers have reasonable grounds for believing that the search will result in the finding of evidence of illegal activity.

  4. However, in Safford Unified School District v. Redding, 557 U.S. __ (2009), the Court ruled that school officials violated the Fourth Amendment when they strip searched a 13 year old girl based only on a student claiming to have received drugs from that student.

  5. Mimms and Wilson Cases. • PBL possible research case examples. • Pennsylvania v. Mimms, 434 U.S. 106, held that police are allowed to ask the driver of a car to get out, after a lawful traffic stop. The interest in officer safety outweighed the “de minimis” additional intrusion of having the driver exit the car • Maryland v. Wilson, 519 U.S. 408, said that the Mimms rule applies to passengers the same as to drivers. Passengers and drivers both have the same incentive to avoid being arrested for more serious crimes than the traffic violation, and have the same incentive to use violence to avoid such arrest. The interest in officer safety again outweighed the “minimal” additional intrusion of being asked to exit the car. Everyone’s already been seized, essentially, by the car stop

  6. Plain View Doctrine. If an officer is legally present, he may seize objects that are in plain view. Needs probable cause to believe contraband.

  7. Gant Case. • In Arizona v. Gant, 556 U.S. ___ (2009), the Supreme Court ruled that police need a warrant before searching your car if you are arrested. • unless at the time of the search the person being arrested is unsecured and within reaching distance of the passenger compartment • or police officers have reason to believe that evidence for the crime will be found in the vehicle

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