The Fourth Amendment protects citizens from unreasonable searches and seizures by law enforcement. It requires that searches be conducted only with warrants issued by a judge based on probable cause. The exclusionary rule was created to discourage law enforcement from violating the Fourth Amendment by excluding illegally obtained evidence from criminal trials.

1. Lesson 33 Danny S, Lauren B, Linnea H, Curtis B, James D

2. What is the purpose of the Fourth Amendment? Originally limited only the powers of the federal government, it has been applied to state and local government by its incorporation into the 4 th Amendment 4 th Amendment does not specifically state that it protects the right to privacy. The 4 th Amendment prohibits law enforcement officers from searching or seizing people or their property unless there is probable cause – a good reason for suspecting a person of breaking a law.

3. What is the purpose of the Fourth Amendment? (cont.) If a judge a judge or magistrate agrees there is probable cause to suspect a violation of law, the law enforcement officers is given a warrant – a written document giving permission for a search and seizure. The 4 th Amendment has been interpreted to allow search and seizures without a warrant under certain circumstances. Warrants must specifically describe the place and person or thing to be searched and seized.

4. What is the history of the Fourth Amendment? English common law protected the right to privacy by prohibiting judges from giving law enforcement officials general warrant – that did not describe in detail the places and the person or thing to be searched or seized. General Warrants have been referred to as open-ended “hunting licenses” authorizing government officials to search people, their businesses , homes, and property indiscriminately.

5. What is the history of the Fourth Amendment? In 1662 Parliament passed a law that permitted general warrants called writs of assistance. the writs gave government officials the power to search for goods that had entered the country in violation Today every constitution contains a clause similar to the 4 th Amendment

6. What is the significance of the exclusionary rule? Most often used to exclude evidence attained from illegal searches and seizures. Excludes evidence gathered in violation of the 5 th amendment and 6 th amendment. Created to discourage law enforcement officers from breaking the law. In 1961, Supreme court applied it to prosecutions at the state level in the case, Mapp v. Ohio.

7. What is the purpose of the Fifth Amendment provision against self-incrimination? The right against self-incrimination is a protection of both the innocent and the guilty alike from the potential abuse of Government power. The 5 th amendments primary purpose is to prohibit the government from threatening, mistreating ,or even torturing people to gain evidence against them or their associates. The most common provision is refusing to testify by “taking the fifth.” The clause of the fifth amendment protects persons accused of crimes, and witnesses from being forced to incriminate themselves.

8. Critical Thinking Exercise Compare the 1791 case and the 1991 case and discuss the following questions… 1. In what ways are the two cases similar or dissimilar? 2. What values and interests are involved in each case? 3. Under what conditions, if any, should the right against self-incrimination be applied and limited? Explain.