Civics - Search and Seizure - Chapter 16

Search and Seizure

Civics - Chapter 16

Multiple Select

Which of the following are parts of the US Criminal Justice System?

• Police

• Crime

• Courts

• Corrections

• Citizens

The 4th Amendment

Search and Seizure

Civics - Chapter 16

Why is the 4th Amendment Important?

Imagine you’re driving a car, and a police officer spots you and pulls you over for speeding. He orders you out of the car. Maybe he wants to place you under arrest. Or maybe he wants to search your car for evidence of a crime. Can the officer do that? 

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The Fourth Amendment is the part of the Constitution that gives the answer. It provides protections that limit the power of the police to seize and search people, their property, and their homes. 

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So what exactly does the 4th Amendment say?

The 4th Amendment: What it says!

"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."

Search and Seizure

4th Amendment detailing the need for writs of assistance (which we call warrants today) or probable cause

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Probable Cause = Reasonable suspicion of a crime

***It is needed for a search and/or seizure of property***

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But, Police don’t always need a warrant if....

1. Evidence is in plain view

2. When you consent (grant approval) to a search

3. After an arrest / crime

4. Other circumstances (evidence could be destroyed/removed, or in the event of endangering public safety) 

Open Ended

Our next subtopic today will discuss search and seizure of an automobile.

Question - Why might 4th Amendment protections be more limited if you are pulled over driving a car, than they are if police come to your house?

Automobiles

Courts have difficulty applying 4th amendment protections due to the fact that automobiles are a “moveable scene of crime” and can disappear before a warrant arrives.

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Generally, police don’t need a warrant to search “anything” (including persons, trunk, glove box, etc. ) in automobile if they believe it holds evidence.

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Also, trained dogs can sniff around car after any police stop without warrant. The law says that is not a "search".

Exclusionary Rule

Illegally gained evidence from a search cannot be used against you!

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We call this the EXCLUSIONARY RULE and it states that any evidence gained illegally cannot be used at trial

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It is used to limit any type of police misconduct in searching or seizing property and in an effort to try to make a case against an individual.

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There are some exceptions to this rule though, so there are some instances that evidence gained outside of a proper search can still be used!

Other Aspects of Search and Seizure

The USA Patriot Act was passed just after 9/11. It focuses on the surveillance and investigation of terrorist groups.

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It includes a Sneak and Peek Provision, which allows agents with a warrant to conduct a brief search in the absence of the owner. They don’t need to notify the subject of this search and nothing can be taken.

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It must show the judge that if the person to be searched is given notice, one of the five things will happen...

(1) an individual's physical safety will be endangered,

(2) someone will flee prosecution,

(3) evidence will be tampered with,

(4) potential witnesses will be intimidated or,

(5) an investigation would be jeopardized or a trial delayed. 

Poll

How well do you know your rights? Scenario #1

Police officers on foot patrol pass by John Doe's home. While standing on the sidewalk, they look through a large picture window into John’s living room. It is at this time that the police officers observe marijuana and other drugs. The police immediately knock on John’s door and he is arrested.

Is this search legal?

• Legal

• Illegal

How well do you know your rights? Scenario 1

Yes. It is legal!

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Generally, it is not a search to observe what is open and obvious in the daylight or artificial light. Also, the sidewalk is a public place, so this observation of a crime, or probable cause of a crime constitutes a valid search.

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This is known as the plain view doctrine. This becomes more complicated if the police officers trespass on private property to conduct the search. 

Poll

How well do you know your rights? Scenario #2

An arrest warrant is issued for John Doe, suspected of committing robbery. He is arrested inside his home. As the police are taking John out of his house, they see some narcotics on the table near the door. After analysis the material turns out to be heroin. John is additionally charged with possession of a dangerous drug.

Is this search legal?

• Legal

• Illegal

How well do you know your rights? Scenario 2

Yes. It is legal!

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Officers are permitted to search/seize objects under a suspects immediate control (or in a close area of reach) during an arrest. Also, the doctrine of plain view was still in effect. 

Poll

How well do you know your rights? Scenario #3

Officers knocked on the front door of John Doe’s home. His sister, Sarah, who was visiting for a few days, answered the door. The police asked Sarah if they could search John’s bedroom. Sarah, identifying herself as John’s sister, said John would not mind because he was an honest citizen. Little did she know, John was the leader of a local radical group. Police found illegal guns, hundreds of rounds of ammunition, and two grenades.

Is this search legal?

• Legal

• Illegal

How well do you know your rights? Scenario 3

No. This search would be illegal!

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While a person can consent to a search of his/her own possessions, or mutually shared possessions, one without an interest in the property cannot legally give consent to the search.

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In the above example, if Sarah was John’s wife, not sister, then she would have interest in the home. And could consent to the search. If Sarah was John’s roommate, she could consent to a search of the apartment, but not John’s bedroom as she doesn’t have interest in that area.

Poll

How well do you know your rights? Scenario #4

John, while walking late at night, was stopped by police. They asked him for his ID and then gave him a “pat down” search. During the search, the police officer felt a small object in John’s pocket. The policeman thought it could be a small bag of marijuana. Therefore, he reached into John’s pocket and pulled out the object. It was indeed marijuana, and John was arrested.

Is this search legal?

• Legal

• Illegal

How well do you know your rights? Scenario 4

No. This search would be illegal!

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The purpose of a pat down is to see if the person is concealing any object that could threaten the officers, or other citizens. After touching the object, the policeman knew it could not be a weapon, such as a gun or knife. Therefore, they were not in immediate danger. 

Poll

How well do you know your rights? Scenario #5

After spending the night at a party, John was involved in an accident in the car he was driving. He appeared to the policeman to be under the influence of alcohol, and was taken to the hospital for a blood-alcohol test. The test revealed John was legally drunk.

Is this search legal?

• Legal

• Illegal

How well do you know your rights? Scenario 5

Yes. This search would be legal!​

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Physical evidence, such a a blood test for alcohol and/or narcotics, is admissible in court and does not violate the accused individuals privilege of self-incrimination. It may be ”seized” if the seizure if deemed “reasonable”. For the seizure to be deemed reasonable, it must be...

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1)Conducted in a medically approved manner

2)Clear indication that the evidence will be found (higher standard than probable cause)

3)Police can only use reasonable force to obtain the test 

Poll

How well do you know your rights? Scenario #6

John, while driving 75 mph in a 50 mph area, is stopped and given a ticket for speeding. After giving the ticket, the officer makes a search of the vehicle and find an unregistered handgun in the car.

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Is this search legal?

• Legal

• Illegal

How well do you know your rights? Scenario 6

No. This search would be illegal!

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Usually, there are no weapons involved in traffic crimes such as speeding, going through a red light, or stop sign, or illegally parking your vehicle. Therefore, the police have no indication that would lead them to believe another crime is being committed. Generally speaking, a traffic violation of this manner does not permit for a legal search. 

​Video:

What You Should Do If You Get Stopped By The Police!

​Linked to Classroom Post!