General Knowledge
The Fourth Amendment protects citizens against unreasonable ________ and __________.
Searches and seizures.
What are writs of assistance and why did the colonies refuse to enforce them?
General search warrant that British courts used to combat smuggling. Did not need to specify where you were searching or what you were looking for.
An officer stops me in the street and frisks me.
No warrant required
True or false? You have a reasonable expectation of privacy in your locker at school.
False
Why have courts ruled that drug testing students who participate in extracurriculars is okay?
The school interest in protecting students is important enough, and the privacy interest in screening students behind closed bathroom doors is slight enough.
True or false? School officials need probable cause to search a student.
False. School officials only need reasonable, articulable suspicion to conduct a search.
I give an officer consent to search my home.
No warrant required.
How is reasonable expectation of privacy connected to the 4th Amendment?
What happens to evidence that is obtained through a violation the 4th Amendment?
It is thrown out by the court. This is called the exclusionary rule.
What standard of proof does an officer need to get a warrant?
Probable cause
As I am being arrested, I tell my roommate to delete my iCloud from my computer. Do the police need a warrant to search my phone?
In what location do we have the greatest expectation of privacy?
At home
Explain the details of the case in which the court stated that school searches must be reasonable in scope. (Hint: strip search)
Case: Safford Unified School District #1 et al. v. April Redding
13 year old girl was strip searched in order to find prescription strength Ibuprofen. Court said that this was not reasonable, given the student's age, and the lack of danger to other students.
Name three exceptions to the warrant requirement.
Stop and frisk, search incident to lawful arrest, exigent circumstances, consent, automobile, plain view.
I recently built a greenhouse in my front yard. From the street, you can see I am growing marijuana.
No warrant required.
Yes, one instance of this is in an employment contract.
I recently enrolled in my school's student assistance drug treatment program. I get caught texting in class. Can the school search my phone to make sure there is nothing related to ongoing drug use?
No, this is a violation of the 4th Amendment. General knowledge of student behavior without more does not warrant a search.
What must a valid search warrant have? (Hint: this is written in the Constitution.)
A police officer at my school wants to search my backpack for drugs.
What are the two prongs of the test for reasonable expectation of privacy?
The individual has exhibited an actual expectation of privacy
The expectation is one that society is prepared to recognize as reasonable