CRIM 424 Lecture 3: crim 424 fourth amendment notes week 3

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CRIM 424
WEEK 3 4TH AMENDMENT NOTES
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
o Whether they are search warrants or arrest warrants
o You cannot have general search warrants, they must have a particular statement
of your probable cause and why, and specificity, where you are looking and what
you are looking for
o When going before the magistrate or a judge, swears by oath that everything
that the officer is saying is to be true to get the warrant
4th Amendment General Principles
1. Reasoaleess: …
Does the person who is making the fourth amendment challenge have a reasonable
epetatio of hat as seized hile the ureasoale searh?
Do not need a fourth amendment justification for airports or jails or prisons because
they are doing it out of the safety of others
Exclusionary rule: the purpose is to deter police misconduct; it is so that the police do not
iolate people’s ostitutioal rights he eidee is gathered i a uostitutioal a
(ONLY CONSTITUTIONAL PRINCIPLES)
The more intrusive the governments conduct is, the more the fourth amendment justification is
eeded he it oes to people’s rights.
Probable cause is not required to stop someone, they need reasonable suspicion.
Least intrusive to most intrusive government action:
1. Voluntary encounter (no justification needed)
2. Stop or investigative intention (not voluntary) reasonable suspicion for criminal
activity (RSCA)
o Reasonable Suspicion is less than probable cause, but more than a munch
o Based on what goes on in real life, not legal technicalities, the police have to be
able to say as to why and what is the articulation as to why they are suspicious
3. Stop and frisk reasonable suspicion for criminal activity, reasonable suspicion for
armed and dangerous (RSAD)
4. Searches and arrests probable cause (probable cause is not precise)
5. Conviction proof beyond reasonable doubt
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