2. 4TH AMENDMENT
Created to prevent the colonial practice of
writs of assistance.
British
officials would invade private homes to
search for smuggled goods
Police- have no general right to search for
evidence of seize either evidence or persons.
UNLESS they have a search warrant obtained
with probable cause
3. FLORIDA V. J.L., 2000
Supreme Court ruled:
Policeacted illegally because they did not have
a proper warrant
4. MINNESOTA V. CARTER, 1999
Do not always need a warrant
“In plain view”-if evidence is in plain sight,
police can search without a warrant.
5. CAN THEY SEARCH THAT?
When making a lawful arrest police do not
need a warrant to search:
“thearea within which the suspect might gain
possession of a weapon or destructible
evidence.”
6. CALIFORNIA V. ACEVEDO, 1991
Police do not need a warrant to search
anything in the vehicle that they have reason
to believe it holds evidence
Wyoming v. Houghton, 1999
“Anything” includes a passenger’s bag(s)
