federalism
Guide to Understanding the
Rights of the Accused under the Bill of Rights
AMENDMENT IV
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.
Terms and Tidbits
Unreasonable
Regulates government action, not action by private citizens.
In general, search or seizure without a warrant is unreasonable (with some exceptions). If unreasonable, 4th amendment is violated.
Evidence gathered in violation of the 4th amendment is not admissible in a criminal trial, known as the exclusionary rule. Any evidence derived from illegally obtained evidence is inadmissible (fruit of the poisonous tree).
In determining if a search or seizure is reasonable, the individual’s interest in privacy and security are weighed against society’s interest in conducting the search or seizure. (Two-hour surgery to remove a bullet ruled unreasonable; taking blood from DWI suspect ruled reasonable)
Search
Action by government that violates a person’s reasonable expectation of privacy is an illegal search, includes search of property and search of person
Situation with knowing exposure to public is not protected sometimes even if attempts are made to make it private (garbage, open fields abandoned property).
Also guests to home receive protection when they are overnight guests but not when short-term visitors.
Seizure
Substantial interference with possessions or with a person who believes that he or she is not free to leave or terminate encounter,
Usually involves some physical force to body or submission to authority,
Talking to police is not seizure; demand by police to go to station is seizure.
Warrant
Most searches require a warrant based on probable cause issued by a judge that
Rights of the Accused under the Bill of Rights
AMENDMENT IV
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.
Terms and Tidbits
Unreasonable
Regulates government action, not action by private citizens.
In general, search or seizure without a warrant is unreasonable (with some exceptions). If unreasonable, 4th amendment is violated.
Evidence gathered in violation of the 4th amendment is not admissible in a criminal trial, known as the exclusionary rule. Any evidence derived from illegally obtained evidence is inadmissible (fruit of the poisonous tree).
In determining if a search or seizure is reasonable, the individual’s interest in privacy and security are weighed against society’s interest in conducting the search or seizure. (Two-hour surgery to remove a bullet ruled unreasonable; taking blood from DWI suspect ruled reasonable)
Search
Action by government that violates a person’s reasonable expectation of privacy is an illegal search, includes search of property and search of person
Situation with knowing exposure to public is not protected sometimes even if attempts are made to make it private (garbage, open fields abandoned property).
Also guests to home receive protection when they are overnight guests but not when short-term visitors.
Seizure
Substantial interference with possessions or with a person who believes that he or she is not free to leave or terminate encounter,
Usually involves some physical force to body or submission to authority,
Talking to police is not seizure; demand by police to go to station is seizure.
Warrant
Most searches require a warrant based on probable cause issued by a judge that