FOURTH AMENDMENT

Payton v. New York (1980)

A search warrant must be obtained in order to search a home, unless it is a life-threatening emergency.

Weeks v. United States (1914)

Established the exclusionary rule: illegally obtained evidence cannot be used in court no matter how incriminating.

Olmstead v. United States (1928)

Wiretapping is legal because the police do not actually enter a home. (Overturned by Katz)

Mapp v. Ohio (1961)

Incorporated the exclusionary rule - illegally obtained evidence cannot be used in court no matter how incriminating. Dolree Mapp was subject to an illegal search for a fugitive in her home. The police found obscene materials during the search and arrested her. The evidence was not admissible.

Katz v. United States (1967)

Overturned Olmstead v. U.S. Wiretaps must have warrants. Justice Potter Stewart wrote "The 4th Amendment protects people, not places." Note: The Omnibus Crime Control and Safe Streets Act of 1968 requires federal, state, and local police get warrants to wiretap. The Foreign Intelligence Service Act of 1978 requires warrants for wiretaps used in national security cases. (Go to the FISA court.)

U.S. v. Leon (1984)

Established the "good faith" exception to the exclusionary rule. Police got a search warrant and found drugs. During the trial the judge said the evidence the warrant was based on was not sufficient, so the warrant was invalid. Justice Rehnquist argued that the exclusionary was detrimental to society if it released criminals when the police acted appropriately. It was only intended to be a check on an abuse of power.

Nix v. Williams (1984)

Established the "inevitable discovery doctrine." Evidence that is illegally obtained can be used in court if the prosecutor can prove that the evidence would have been discovered legally anyway.

New Jersey v. T.L.O (1985)

A search of a girl accused of smoking in a school bathroom was legal. The probable cause standard is replaced by "reasonableness" in a school setting.

California v. Acevedo (1987)

Overturned Arkansas v. Sanders (1979). Police can search a car and containers in it, without a search warrant, if they have probable cause to believe contraband or evidence is present.

California v. Greenwood (1988)

Police can search garbage cans outside of a home without a warrant. There is no reasonable expectation of privacy with trash on a public street.

Veronica School District 47J v. Acton (1995)

Suspicionless drug tests of all student participating in interscholastic athletics is constitutional.

Whren v. United States (1996)

Seizure of drugs from a lawful traffic stop is legal, unless the search is considered unusually harmful. It was not in this case.

FIFTH AMENDMENT

SIXTH AMENDMENT

EIGTH AMENDMENT