Affirmative Action in Admission Abigail Fisher a white student who was denied admission to the UniversityofTexas at Austin She brought a lawsuit against the university for denyingher admission based on race Elena Kagan will remove herself from the case Anthony Kennedy already spoke he may not be ready toforbid racial criteria in admissions
4th Amendment “The right of the people to be secure in theirpersons, houses, papers and effects, against unreasonablesearches and seizures, shall not be violated, and noWarrants shall issue but upon probable cause, supportedby Oath or affirmation, and particularly describing theplace to be searched, and the persons or things to beseized.”
What things are protected by the4th 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
4th Amendment Unreasonable search and seizure But what is Unreasonable? Courts look to balance individualliberty with the need to keep anordered society.
4th Amendment (2nd part) “NoWarrant shall issuebut upon probable cause” Warrant – A formaldocument signed by ajudge that allows police tosearch or arrest you
4th Amendment All of your effects PHONES, notebooks, keys, make up, purses, yourgrades, etc. Does the constitution protect these “effects” fromunreasonable searches or seizures without a warrantbased on probable cause? Well that depends on what “reasonable expectation ofprivacy” is to you
4th Amendment Do you actually expectprivacy in your effectsthat you bring with youto school? Is the expectation ofprivacy one that othersagree is reasonable?
The Katz Case The Court ruled thatKatz had a reasonableexpectation that hiscalls would not be heardby anyone except theintended listener Charles Katz’s 4thAmendment rightsWERE violated
The Katz Case (a) an enclosed telephone booth is an area, where like ahome, a person has a constitutionally protectedreasonable expectation of privacy. (b) that electronic as well as physical intrusion into a placethat is in this sense private may constitute a violation ofthe 4th Amendment. (c) the invasion of a constitutionally protected area byfederal authorities is unreasonable in the absence of asearch warrant.
4th Amendment What do you think? Why should they get a warrant when they knowsomeone was breaking the law? What about cell phones? When or where do you expect your phone calls tobe private?
Privacy in School Schools are a place of learning But it’s also a place where non-school problemsand personalities will show up So schools have been designed to protectstudents and teachers but also create a positivelearning environment.
Privacy in School Need for teachers andadministrators tomaintain order inschools outweighsthe privacy interestsof the students.
Privacy in Schools As a result: No need for probablecause and a searchwarrant All they need is“suspicion” New Jersey vs.T.L.O. ?
Search and Seizure Probable Cause – apparent and reliable facts that create areasonable belief that a crime has been or is being committed Articulable Facts – must be distinguished before enacting astop, and these facts must be expanded before a search andseizure is conducted Warrantless searches can be conducted when they follow alawful arrest or when probable cause has been gathered. Theprobable cause must be based on objective facts that couldjustify the issuance of a warrant from a magistrate, NOT justthe good faith of the police officer
The Automobile Exception Police don’t need awarrant to searchvehicles Because they move Courts do not seeautomobiles as placesquite like homes
TheTerry Exception Brief investigatory stopsand searches When police have goodreason that a person hascommitted or is about tocommit a crime However… Limited to: Pat down(weapons, drugs) Identity Time for questioning
Following a Lawful Arrest Police may make a fullsearch: of all persons involvedwith an arrest Areas around the arrest All possessions thatsuspects have at the timeof the arrest Police cannot use this as anexcuse to find incriminatingevidence
For Evidence When there is probablecause for an arrest even ifit has not been made Police may conductlimited searches topreserve evidence Scrapings underfingernails
Border Searches People and theirpossessions may besearched when crossing aborder into the UnitedStates. Officials may also openmail entering the U.S. ifthey have probable causeto suspect illegalactivities (drugs)
Plain-View Searches Evidence in plain view ofthe officer may be seizedwithout a warrant Officer must be in a legalposition to see an objectthat is evidence of a crime Officer cannot, forexample, force his/herway into an apartmentand use any of thatevidence
Exigent Circumstances In urgent or criticalsituations there may beexceptions to the warrantrequirement Examples Evidence in a burninghouse Criminal about to escapecapture Criminal could be indanger of harming morepeople