The 4th Amendment

Sarah Benj, Aric Cramer, Emilio Estrada, Samantha Goetz, Ian Wendelboth Electronic Surveillance
FISC FISC is a special court that reviews application for warrants related to national security investigation . FISA Helps gather foreign intelligence data, aimed to prevent foreign terrorists and espionage of a U.S. citizen. NSA Has loophole to perform warrantless searches on any citizens email or phone Edward Snowden Leaked private NSA information to inform the public about what is done in their name and what is done against them. Important Case Katz vs United States (1967) Katz arrested when police bugged a public pay phone. Court ruled that it invaded his privacy. ECPA A 1986 law that gives police officers the ability to enter private properties and plant bugs on phones. A warrent is required for the location and for how long.

Schools

What is the 4th 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.

War on Terror/Federal Laws

Important Post 9/11 Changes PATRIOT ACT Grants permission to search homes, businesses, emails, phone records, business records, and financial records against anyone suspected of being involved in terrorist activities. (TSA) Transportation Security Administration Full body scans, pat downs, random unwarranted searches (CBP) Customs and Border Protection Primarily set in motion to prevent terrorists and weapons from gaining access to the United States. Important Case. Mayfield vs United States (2007) Mayfield was taken into custody as one of 20 people who were suspects for the Madrid train bombings of 2004.

Legal searches Lockers/ Use of drug sniffing dogs Drug tests for school activities Backpacks/purses Exceptions Zero Tolerance Student safety Reasonable suspicion Important Cases Safford vs Redding (2009) 13 year old student was subject to strip search after fellow student accused her of providing prescription strength ibuprofen. Result was its unconstitutional to strip search student, unless student safety is at stake. Vernonia vs Acton (1995) Student refused to take drug test for extracurricular activities. It was ruled constitutional for schools to require drug tests because students are under state supervision.

War on Drugs
Border Searches Do not require a warrant or probable cause Must be reasonable to detaining or searching travelers Drug Testing Parolees do not have the same rights as normal citizens State vs Benavidez (2010) Benavidez was on parole when he was arrested for possession of drugs. He tried to have all the evidence suppressed because the search and seizure was illegal, however the courts ruled that parolees have less privacy and do not enjoy the same privileges as other citizens. Seizure of property If someone is arrested at your house for selling drugs, your property will be seized by police and sold at auction even though you have not committed a crime Adams case- still ongoing

Home/Car Searches
Need a warrant Exceptions Plain Sight Given permission Motor vehicle searches with probable cause Important Cases Mapp vs. Ohio (1961) Case brought the exclusionary rule into existence. Jardines vs Florida (2013) Police can not use trained police dogs to investigate a home or immediate surroundings without a warrant. Harris vs Florida (2013) The state needs to bring records on the police dogs performance to establish the dogs reliability.

Exclusionary Rule
Evidence will be excluded from a trial if it was obtained by violating the defendants fourth amendment rights. Exceptions Good faith exception Evidence seized by private party, not directed by law enforcement.