The basics
The right of the people to be...?
...secure in their persons, houses and papers.
Give an example of when can the 4th Amendment be applied.
Example: During a traffic stop
What does a police officer need to be able to make a basic traffic stop?
They need to have Reasonable Suspension (Probable Cause)
Do you have the right to refuse to give consent to search, when there is not search warrant?
Yes, we have the right to refuse to give consent
What is the Exclusionary Rule?
Prohibits the use of evidence that was acquired illegally
The 4th amendment goes against...?
Goes against unreasonable searches and seizures.
Who are the ones that go to do a search & seizures.
Any police officer that is being sent from the judge.
The individual that is begin pull over has the right to...?
Has the right to be secure in his person and car
Can a person give consent to a police officer to search a place?
Yes, if the person who is the owner of the place wants to be searched, they can give consent if they want to.
Give an example on where the Exclusionary Rule was applied.
Example: Trial of Mapp v. Ohio
If you do not have a ______ you cannot be able to search a private property.
Search Warrant
Where did the case of Mapp v. Ohio took place?
Cleveland, Ohio
If a police officer has the suspicion of illegal substances inside a vehicle, can a K-9 officer smell around the vehicle? Why?
Yes, because the K-9 is just smelling the surrenders outside the vehicle
Do any Law Enforcement Officers need to get a search warrant, before searching a place?
Yes, they always need to get a search warrant before
Can a police officer lose their job if they break the 4th Amendment?
They do not lose their jobs, but would be punished.
What do you need to have to be able to get a search warrant?
Enough evidence: Probable Cause
In what year did the case of Mapp v. Ohio happen ?
In 1961
A K-9 has found something in the vehicle , can the police officer search the vehicle without a warrant?
Yes, because the K-9 has been given probable cause to search inside the vehicle
Who is in charge of consenting (giving ) search warrants?
The Judges
Bonus: Can a case be dismissed for the mistake of a police officer ? Why?
Yes, because they would apply the Exclusionary Rule
What does the search warrant need to describe?
Has to describe the place to be searched, and the persons or things to be seized.
What is the difference between Search and Seizure?
Search: searching a place
Seizure: officers take possession of items during the search
What consequences happen if the person that is pull over is not following instructions, but says that they have the right to be secure on their person and vehicle?
They have their 4th amendment rights but, they have to follow the instructions, if not they would be consequences for them.
After what case, did the search warrant become more accessible to get to the police officer.
The case of Mapp v. Ohio
What is the punishment that the receive if they break the 4th Amendment?
Their punishment would be to not use any of the evidence that they have found