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

• Amos v. United States 255 US 313 (1921)
• Johnson v. United States 333 US 10 (1948)
• Bumper v. North Carolina 391 US 543 (1968)

Search Incident to Lawful Arrest

• Chimel v. California 395 US 752 (1969)
• New York v. Belton 453 US 454 (1981)
• Arizona v. Gant 556 US 332 (2009)

Plain View and Open Fields

• Hester v. United States 265 US 57 (1924)
• Florida v. Riley 488 US 445 (1989)
• Kyllo v. US 533 US 27 (2001)

Automobile

• Carroll v. US 267 US 132 (1925)
• Brendlin v. California 551US 249 (2007)
• US v. Jones 565 _ US (2012)
• Rodriguez v. US 575 US (2015)