Amendment+4+(2)

__THE FOURTH AMENDMENT__ How it is Written in the Bill of Rights: "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." -Wikipedia

What the Amendment Says: This amendment applies to the legality of searches and seizures of property and person, the admissibility to courts being of particular importance. -warrant is required - probable cause is necessary for warrant to be issued - warrant must specify what is to be searched and what is being looked for - seizure applies to people as well as property

SUPREME COURT CASES: -Camara vs. Municipal Court- Camara refused a health inspector permission to inspect the ground floor of a building he owned and leased without a warrant- The court held that since these civil searches are enforced by criminal charges, a warrant should be procured in non-emergency cases if voluntary inspection is refused-however, the government may still inspect commercial property

-Terry vs. Ohio- Stop and frisk- police officer saw 3 individuals behaving in a way that led him to believe that they were "casing the joint" for a robbery- he patted them down and found concealed weapons- they contested and said that their 4th amendment rights were violated as he did not have a warrant- the court held that a search for a weapon was permissible without a warrant as long as it was reasonable and for the officer's protection

Time line of Events: 1949 - protection of unreasonable searches and seizures applies to officers of state governments as well as to officers of the federal government 1961 - Exclusionary Rule is applied, evidence from an illegal search and seizure is not admissible at a state trial, as well as a federal court (excludes illegaly gathered evidence) 1965 - Supereme Court rules the Constitution states that citizens have a "zone of privacy" 1968 - Supreme Court rules that police can search suspects when they have reasonable suspicion 1984 - Supreme Court recognizes a "good faith" exception to the Exclusionary Rule, if there is a valid warrant and evidence is found, it can still be used if it is later found invalid 1986 - Aerial Surveillance of homes is legal 2001 - U.S.A. Patriot Act -authorities allowed to to monitor suspected terrorists communications (email and telephone), also allowed to obtain online records such as membership lists and purchases 2002 - Schools may conduct random student drug testing

RESTRICTIONS -only applies to us citizens/citizens abroad/legal alien residents -does not apply to those living in country illegally -warrant MUST be sought whenever possible, otherwise evidence is inadmissible, sometimes allowed if evidence leads to rightful arrest

Restraints exist on the practices of the Fourth Amendment because citizens have the right to privacy. If search warrants were not required, the police could go into anyone's house or go onto their property and violate that sense of privacy. The warrants also have to have listed specifically where and what is going to be searched.

ACTUAL IMPACT Citizens have many freedoms with the 4th Amendment, for the government may not search any place not listed on a search warrant. They also can't be searched or seized if a police officer does not have probable cause. Therefore citizens have much freedom if they are not acting suspicious. They also have the right to privacy and that's not allowed to be taken away unless there is reasonable doubt.

DEBATES Some debates that have risen in the past few years are dealing with internet security and what the government can see, and random drug searches at school of personal property. People post things to the internet that can be harmful to others and to themselves. There are also terrorist groups that are getting new members from the internet. As for the searches on school property, personal belongings such as cars, backpacks, and lockers becomes school property. This means that it is not breaking the Fourth Amendment of illegal searches and seizures by searching their property once it is on school grounds.

PREDICTION OVER NEXT 20 YEARS Based on the past years changes to the amendment, the government will have more rights to follow people on the internet. With the expansion of social networking and the internet, government officials will be tracking people on Facebook or MySpace. Reports came in last year that terrorist groups are trying to recruit new members. This will lead to the government keeping tighter control over social networking sites which wont be infringement of privacy if the profile is public.

Period 2 (2009)

Constitutional Law