4th, 5th, 6th, and 8th Amendments

What does the Fourth Amendment protect?

protects a person from unreasonable searches and seizures

Search

an inspection conducted by government officials

Seizure

a taking of property

Warrant

an order from a judge to arrest/search

True/False: if a search is found reasonable, then it is legal

True

What can a police officer do with probable clause?

1. Make an arrest

2. Conduct a warrant-less search (in emergency)

3. Obtain a warrant

What happens after a warrantless arrest?

Suspects must be brought to judges to determine if there was probable clause for the arrest

Kats v. United States

• police put a “bug” in a public phone booth; they used evidence from a phone call to arrest a man for illegal gambling

• The man had an expectation of privacy if:

1. They make an action to create a subjective expectation of privacy.

2. Society is prepared to recognize the expectation as “reasonable”

Probable Clause

if an officer has evidence that someone committed a crime, than he has probable clause

Reasonable Suspicion

requires specific, articulable facts that would lead an officer to believe that criminal activity is occuring

What is an officer able to do with reasonable suspicion?

Stop and frisk- stop someone and pat down outer layer of clothing

What is the purpose of this type of search?

To ensure the officer safety when searching for weapons; not necessarily to find evidence for a crime like probable clause

The Exclusionary Rule and Weeks v. U.S.

-said that if someone’s house is searched w/out a warrant and the police use the evidence from that search, then the 4th Amendment shouldn’t even exist

Exclusionary Rule

a rule that prevents police from using evidence in court that was obtained in violation of the 4th Amendment

New Jersey v. T.L.O

-student had her purse searched by school officials after she was caught smoking in the bathroom by a teacher.

• The court confirmed that T.L.O did have a reasonable expectation of privacy in her purse when at school

-said that all students have a reasonable expectation of privacy

-the exclusionary rule applies to searches of students at school

-However, school officials can conduct warrantless searches of students so long as the search is “reasonable”

Miranda Rights

In interrogation:

-You have the right to remain silent

-You have a right to obtain an attorney

The Fifth Amendment

-gives citizens the right to remain silent (first part of Miranda Rights)

-protects someone from double jeopardy

-gives citizens due process: being fairly treated under the law

The Sixth Amendment

-gives citizens the right to an attorney (2nd part of Miranda Rights)

-speedy and public trial: undelayed, unsecret, unbiased trial

The Eighth Amendment

-gives citizens protection from cruel and unusual punishment

What is cruel and unusual?

Any punishment that is:

1. degrading to human dignity (ex: torture)

2. used arbitrarily (too often w/out reason)

3. clearly rejected throughout history

4. patently unnecessary

Gregg v. Georgia

court stated that:

-the death penalty does not always violate the Eighth Amendment

-”has an acceptance throughout history in the U.S. and England”

-death penalty can be accepted by the Constitution