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Lesson 10: Fourth Amendment – General Principles

July 23, 2020

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

“Fruits of the Poisonous Tree”

In Schools

Are Exceptions Taking Over the rule?

Inevitable Discovery

Attenuation

Lesson 12: Fourth Amendment: Consent, Search Incident to Lawful Arrest, Plain View, Automobile

July 23, 2020

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

  • Understand and explain why the Supreme Court has created exceptions to the warrant requirement in the Fourth Amendment.
  • Understand and explain under what conditions consent may be given.
  • Understand and explain the parameters for where a search may be conducted without a warrant incident to a lawful arrest.
  • Understand and explain the warrant requirement for conducting a search with an infrared device.
  • Understand and explain the automobile exception.

Workflow

  1. Read the National Constitution Center on the Fourth Amendment.

Consent

Search Incident to Lawful Arrest

Plain View and Open Fields

Automobile