Class Expectations
• Make sure your proper name is
displayed (APPROPRIATE nicknames
may be added in parenthesis)
• Be polite
• No rude or offensive comments
• All things LL are recorded
• No foul language
• If you wouldn’t say it in front of
dear old granny, don’t say it or
type it in class
Class Expectations Cont’d
• Make sure all questions/comments
are classroom appropriate and
academic related
• No sharing personal information,
including social media accounts
• Please save non-topic related
questions for end of class, some
students may need to leave at 30
minute mark
• Private Chat is turned off for safety
issues
• Most importantly, HAVE FUN!
Bad Joke of
the Day
• Two pretzels
walked through a
sketchy alleyway…
• One was a salted,
the other was knot.
Today’s Agenda
• 4th Amendment
• Poll and Discussion
Questions
• Play a game for extra
credit
Teacher Communication
• Please answer the phone if your
teacher calls or return the phone call
• Calls are important to relay vital
information
• Set up your voicemail
• If you screen your calls, save your
teachers’ numbers in your phone
Teacher Communication Cont‘d
• Webmails are also very important
• If a webmail is titled with the
words: progress, greetings, or
academic intervention, it means
they are high priority
• These webmails require effort
on your part
• They are sent for your benefit
so that you are successful and
can graduate on time
Let’s Hit the Polls
• There are 2 polls:
• Who is your criminal justice teacher?
• MOST IMPORTANT POLL (attendance purposes)
• Should law enforcement have a warrant to search you or
your property regardless of the circumstances?
• Asynchronous learners: share through webmail
Let’s Hit the Polls Cont’d
• There is one open ended question
• Should illegal aliens or non-citizen visitors
have the same protection under the 4th
Amendment as US citizens?
Fourth Amendment
• 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.
Fourth Amendment
• 4th Amendment protects individuals from
government intrusions onto their property or
of their persons.
– Without it, the gov’t could search you and
your property at any time without a
warrant
– It does not ban warrantless searches….only
UNREASONABLE searches
Warrantless Searches
•Main exceptions (some may vary by state):
• Consent
• You give permission, usually in writing (complete a form)
• Must be owner of property or have legal possession
• Emergency
• Someone actively being assaulted, someone injured, etc.
• Plain view
• Contraband in plain sight (cannot be manipulated to make it
plain sight)
• Hot Pursuit
• Police chasing you
Warrantless Searches
Continued
• Search incident to arrest
– You are searched when arrested
• Automobile
– Car can be searched in certain circumstances,
especially during a traffic stop
• Inventory
– Property in vehicle is inventoried when your car
is towed
Voluntary
Not the result of duress
or coercion
Saying yes freely
More than mere
acquiescence
Burden of proof on
State
Consent
Consent Considerations
• Consent can be withdrawn at any
time
• Consent can be limited
• Consent can’t be forced – as threat
to get warrant
Plain View
• “Lawful Initial Entry”
–Entry onto property was lawful, or
condition is visible from a public
area.
• “Immediately Apparent”
– At time of viewing, there is probable cause to
associate the property in plain view with illegal
activity without further investigation.
The Exclusionary Rule
1961 – Mapp v. Ohio
•Evidence found illegally must be
excluded in court
•Deter illegal police behavior
GOOD FAITH EXCEPTION
• Federal rule
–Suppression of evidence is not required
if officers can prove they were operating
in good faith
–This rule is dependent upon your state
law, unless you commit a federal crime
Quick Recap/Overall Thoughts
• We discussed several factors concerning the
4th Amendment and your rights as a citizen
• Your final thoughts? (asynchronous students
let your teacher know what you think)
Time for a game
• Be polite
• Divide into teams
• Team with the most points wins 2 extra credit points on
lowest discussion post score
Notes de l'éditeur
Make a copy of this and save it in your own Drive folder.
I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me!
Provide your Contact information
I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me!
Provide your Contact information
I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me!
Provide your Contact information
I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me!
Provide your Contact information
Introduction
This template can be used for a recording or for a LiveLesson session
In the next few slides, include information about yourself such as your:
teaching experience
education
Interests/hobbies
Here are some links to provide highlights from:
Student Code of Conduct and Honor Code
Academic Integrity for Students
TempZeroPolicy1819Final
I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me!
Provide your Contact information
I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me!
Provide your Contact information
I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me!
Provide your Contact information
I’m here for you! If you want to schedule an appointment to meet in LiveLesson, use my youcanbookme link, send me a WebMail message, or call me!
Provide your Contact information
Applies to BO, FM, Health Dir., Housing Inspectors, etc. as well as police.
4th Amendment protects individuals from government intrusions onto their property or of their persons.
“No warrants shall issue but
Upon probable cause
Supported by oath or affirmation
Particularly describing the place to be searched and the persons or things to be seized”
It does not ban warrantless searches….only UNREASONABLE searches
SCOTUS using reasonableness approach; separate from reasonableness requirement
Warrantless searches are presumed to be unreasonable unless one of certain exceptions apply.
Main exceptions: (WILL TALK ABOUT)
Consent, or
Emergency
Plain view
(Others is law enforcement context)
Applies to BO, FM, Health Dir., Housing Inspectors, etc. as well as police.
4th Amendment protects individuals from government intrusions onto their property or of their persons.
“No warrants shall issue but
Upon probable cause
Supported by oath or affirmation
Particularly describing the place to be searched and the persons or things to be seized”
It does not ban warrantless searches….only UNREASONABLE searches
SCOTUS using reasonableness approach; separate from reasonableness requirement
Warrantless searches are presumed to be unreasonable unless one of certain exceptions apply.
Main exceptions: (WILL TALK ABOUT)
Consent, or
Emergency
Plain view
(Others is law enforcement context)
Applies to BO, FM, Health Dir., Housing Inspectors, etc. as well as police.
4th Amendment protects individuals from government intrusions onto their property or of their persons.
“No warrants shall issue but
Upon probable cause
Supported by oath or affirmation
Particularly describing the place to be searched and the persons or things to be seized”
It does not ban warrantless searches….only UNREASONABLE searches
SCOTUS using reasonableness approach; separate from reasonableness requirement
Warrantless searches are presumed to be unreasonable unless one of certain exceptions apply.
Main exceptions: (WILL TALK ABOUT)
Consent, or
Emergency
Plain view
(Others is law enforcement context)
Applies to BO, FM, Health Dir., Housing Inspectors, etc. as well as police.
4th Amendment protects individuals from government intrusions onto their property or of their persons.
“No warrants shall issue but
Upon probable cause
Supported by oath or affirmation
Particularly describing the place to be searched and the persons or things to be seized”
It does not ban warrantless searches….only UNREASONABLE searches
SCOTUS using reasonableness approach; separate from reasonableness requirement
Warrantless searches are presumed to be unreasonable unless one of certain exceptions apply.
Main exceptions: (WILL TALK ABOUT)
Consent, or
Emergency
Plain view
(Others is law enforcement context)
WHO and HOW of consent
Would a reasonable person feel free to refuse officer’s request and terminate encounter
Competent adult with authority to consent.
Mapp v. Ohio provided that the exclusionary rule applied to state as well as federal officials.
Purpose of the exclusionary rule is to deter illegal police (or other governmental) behavior.
Exclusionary rule has been criticized as harsh, too much of a cost.
Can argue it does nothing to deter conduct that does not rise to the level of being intentional or reckless. I.e., honest mistake.
“Good faith exception.” NOT IN CT!