Fourth 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.

Learning Outcomes:

Workflow:

1. Read the National Constitution Center on the Fourth  Amendment.
2. Watch the Kahn Academy video on the Fourth Amendment.
3. Watch “Shifting Scales”, a non-partisan research project conducted by Oyez that discusses how the Roberts Court has been interpreting the fourth amendment.

General Principles of the Exclusionary Rule

• Weeks v. US 232 US 383 (1914)
• Wolf v. Colorado 338 US 25 (1949)
• Mapp v. Ohio 367 US 643 (1961)
  • Mapp v. Ohio (1961) C-SPAN Series on Landmark Cases
• Schmerber v. California 384 US 757 (1966)
• Illinois v. Gates 462 US 213 (1983) Overturns Aguilar-Spinelli in favor of ‘totality of circumstances” test.

“Fruits of the Poisonous Tree”

• Wong Sun v. US 371 US 471 (1963)

In Schools

• New Jersey v. TLO 469 US 325 (1985)
  • New Jersey v. TLO (Podcast)

Are Exceptions Taking Over the rule?

Inevitable Discovery

• Nix v. Williams 467 US 432 (1984)

Attenuation

• Utah v. Strieff 579 US (2016)