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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

In words we can better understand

Your Right to Personal space and privacy

Its all about the people

Sweet

Why is the Fourth Amendment so important?

As citizens of the United States we have the right to privacy

Because without the Fourth Amendment government would have too much power

And that is not what our democracy is about

For a search to be reasonable…

Police officer must have Probable cause or a warrant

More than a hunch but less than the burden of truth

Experience in the police officer offers some lenience

For a search to be unreasonable…

Searching with neither probable cause NOR a warrant Searching with no suspicion No discrimination

Can police profile ? GHETTO HIPPIE Rebellious

teenager

Who determines what is reasonable and unreasonable?

Reasonable Unreasonable

Searches in public schools

Random searches can be conducted by public school officials because they act a representatives of the state

A warrant requirement is not necessary

Its all about Safety the of the children

A search is reasonable if there is a possibility that the search will find evidence that the student has violated or is violating the law or the rules of the school

EXAMPLES

Purses and book bags: The school official believes that with reasonable suspicion purses and book bags searches can be considered constitutional

Lockers: Courts have mostly upheld locker searches

Body Searches: Pat down body searches in schools are considered acceptable But strip searches are not allowed

Canine Searches: Acceptable because canines explore what is in “plain smell”

Drug Tests

Students involved in any extra-curricular activity may undergo random drug tests

Athlete's are the leader of drugs culture. It is all about the health of the student

Searches in private schools

Private school students have NO constitutional protection against unreasonable search and seizures

May search room, purse, book bag, and locker with no suspicionMay search room, purse, book bag, and locker with no suspicion

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