Search and

Seizure
Olyvia Gendron, Laura Trombetta, Audrey Robinson

The 4th Amendment

Enacted in 1791
The right to have security over possessions

Warrant must be issued

Probable cause
Evidence of a crime is present
Specific details must be described
Resisting a warrant

Historical Reasoning

Prior to Revolution

British Writs of Assistance

General warrants
Never expired
Transferable

Paxton's Case
Fourth Amendment was introduced

Two clauses
Search and Seizures Clause
Warrant Clause

Importance of the 4th Amendment

Ensures privacy for the innocent

http://content.time.
com/time/specials/packages/article/0,
28804,2080345_2080344_2080374,00.html

(Stop at 2:49)

Court Cases

Riley v. California

United States v. Jones

2012
Tracking a vehicle using the GPS device within the vehicle

Vernonia School District 47J v. Acton

2014
Digital information on a cell phone

1991
Drug testing for students who play sports

Terry v. Ohio

1968
Police can search with reasonable suspicion

Riley v. California

2014

Stopped for traffic violation

Arrest on weapon charges

Confiscated cell phone
Associated with gang

Riley tried to suppress all evidence

Petitioner: David Leon Riley

Respondent: State of California

Was convicted as a result

Court decision was not in Rileys favor

United States v. Jones

2012

Arrested for drug possession

Petitioner: United States

Respondent: Antoine Jones
Tracker on Jones jeep
Without judicial approval
Trespassing on private property

Court decision ruled in Jones favor

Jones was eventually convicted

Vernonia School District 47J v. Acton

Suspicions about drug use of students

Random drug testing policy for student athletes

1991 James Acton denied opportunity to play on sports team

Lawsuit was filed

Case was not in Actons favor
Policy ruled reasonable

Terry v. Ohio

1968

Terry and two others caused suspicion

Officer followed suspects
Searched/seized several concealed weapons
Charged for the weapons
Defendants fought back
Thought unconstitutional
Court ruled in Ohios favor
Defendants found guilty

Citations
http://criminal.findlaw.com/criminal-rights/search-seizure.html
https://epic.org/amicus/cell-phone/riley/
http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf
https://www.oyez.org/cases/2011/10-1259
http://constitution.findlaw.com/amendment4.html
https://www.law.cornell.edu/wex/probable_cause
http://blogs.findlaw.com/blotter/2013/07/valid-search-warrant-3-things-to-look-for.html
http://www.britannica.com/event/Vernonia-School-District-47J-v-Acton
http://tenthamendmentcenter.com/2014/09/25/fourth-amendment-history-behind-unreasonable/