1. Affirmative Action in Admission
Abigail Fisher
a white student who was denied admission to the University
ofTexas at Austin
She brought a lawsuit against the university for denying
her admission based on race
Elena Kagan will remove herself from the case
Anthony Kennedy already spoke he may not be ready to
forbid racial criteria in admissions
3. 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.”
4. What things are protected by the
4th Amendment?
Persons
Clothes, wallet, shoes, bodily fluids or blood
Houses
Apartment, porch, mobile home (if stationary)
Papers
Diary or a book
Effects
Backpack, iPod, collection of comics
5. 4th Amendment
Unreasonable search and seizure
But what is Unreasonable?
Courts look to balance individual
liberty with the need to keep an
ordered society.
6. 4th Amendment (2nd part)
“NoWarrant shall issue
but upon probable cause”
Warrant – A formal
document signed by a
judge that allows police to
search or arrest you
7. 4th Amendment
All of your effects
PHONES, notebooks, keys, make up, purses, your
grades, etc.
Does the constitution protect these “effects” from
unreasonable searches or seizures without a warrant
based on probable cause?
Well that depends on what “reasonable expectation of
privacy” is to you
8. 4th Amendment
Do you actually expect
privacy in your effects
that you bring with you
to school?
Is the expectation of
privacy one that others
agree is reasonable?
9. The Katz Case
The Court ruled that
Katz had a reasonable
expectation that his
calls would not be heard
by anyone except the
intended listener
Charles Katz’s 4th
Amendment rights
WERE violated
10. The Katz Case
(a) an enclosed telephone booth is an area, where like a
home, a person has a constitutionally protected
reasonable expectation of privacy.
(b) that electronic as well as physical intrusion into a place
that is in this sense private may constitute a violation of
the 4th Amendment.
(c) the invasion of a constitutionally protected area by
federal authorities is unreasonable in the absence of a
search warrant.
11. 4th Amendment
What do you think?
Why should they get a warrant when they know
someone was breaking the law?
What about cell phones?
When or where do you expect your phone calls to
be private?
12. Privacy in School
Schools are a place of learning
But it’s also a place where non-school problems
and personalities will show up
So schools have been designed to protect
students and teachers but also create a positive
learning environment.
13. Privacy in School
Need for teachers and
administrators to
maintain order in
schools outweighs
the privacy interests
of the students.
14. Privacy in Schools
As a result:
No need for probable
cause and a search
warrant
All they need is
“suspicion”
New Jersey vs.T.L.O. ?
16. Search and Seizure
Probable Cause – apparent and reliable facts that create a
reasonable belief that a crime has been or is being committed
Articulable Facts – must be distinguished before enacting a
stop, and these facts must be expanded before a search and
seizure is conducted
Warrantless searches can be conducted when they follow a
lawful arrest or when probable cause has been gathered. The
probable cause must be based on objective facts that could
justify the issuance of a warrant from a magistrate, NOT just
the good faith of the police officer
17. The Automobile Exception
Police don’t need a
warrant to search
vehicles
Because they move
Courts do not see
automobiles as places
quite like homes
18. TheTerry Exception
Brief investigatory stops
and searches
When police have good
reason that a person has
committed or is about to
commit a crime
However…
Limited to:
Pat down
(weapons, drugs)
Identity
Time for questioning
19. Following a Lawful Arrest
Police may make a full
search:
of all persons involved
with an arrest
Areas around the arrest
All possessions that
suspects have at the time
of the arrest
Police cannot use this as an
excuse to find incriminating
evidence
20. For Evidence
When there is probable
cause for an arrest even if
it has not been made
Police may conduct
limited searches to
preserve evidence
Scrapings under
fingernails
21. Border Searches
People and their
possessions may be
searched when crossing a
border into the United
States.
Officials may also open
mail entering the U.S. if
they have probable cause
to suspect illegal
activities (drugs)
22. Plain-View Searches
Evidence in plain view of
the officer may be seized
without a warrant
Officer must be in a legal
position to see an object
that is evidence of a crime
Officer cannot, for
example, force his/her
way into an apartment
and use any of that
evidence
23. Exigent Circumstances
In urgent or critical
situations there may be
exceptions to the warrant
requirement
Examples
Evidence in a burning
house
Criminal about to escape
capture
Criminal could be in
danger of harming more
people