Warrantless Searches and Constitutional Protections

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Written Discussion

Begin this discussion by imagining your friend is being charged with a crime. The police have evidence against her which they found in several different ways. For each example, decide whether you believe the government should be able to use that evidence if they didn’t have a warrant when they seized it.  Complete the chart below.

ITEM/LOCATION SEARCHED WITHOUT A WARRANT SHOULD POLICE BE ABLE TO USE THIS EVIDENCE AGAINST HER? (Yes or No)WHY OR WHY NOT? (One-sentence explanation)Evidence from her public school locker  Websites that she visited on her home computer.  An email that she sent to a friend.  Information from her Facebook page, including status updates and pictures with locations and other people tagged.  Her movements by car on public streets.  The contents of her cell phone.  Things she said on a land-line phone conversation she had at home.  Trash from her home that her family had placed in a garbage can by the curb.  Something in her fenced backyard, not visible from the street.

After you complete the chart answer the following:

Questions

1.  How does the Fourth Amendment’s warrant requirement protect you?

2.  Due process is included in the Constitution to achieve a certain goal. What does due process achieve?

3.  What is the exclusionary rule and does this rule help to ensure liberty and justice?  Why or why not?

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

Warrantless Search Evidence Chart

ITEM/LOCATION SEARCHED WITHOUT A WARRANT	SHOULD POLICE BE ABLE TO USE THIS EVIDENCE AGAINST HER? (Yes or No)	WHY OR WHY NOT? (One-sentence explanation)
Evidence from her public school locker	Yes	Schools have a lower expectation of privacy, and administrators can search lockers if they have reasonable suspicion.
Websites that she visited on her home computer	No	Personal internet browsing at home is protected under the Fourth Amendment, and accessing it without a warrant would violate privacy rights.
An email that she sent to a friend	No	Emails are considered private communications, and law enforcement needs a warrant to access them.
Information from her Facebook page, including status updates and pictures with locations and other people tagged	Yes	Publicly shared information on social media is accessible to anyone, including law enforcement.
Her movements by car on public streets	Yes	There is no expectation of privacy on public streets, and police can track movements without a warrant.
The contents of her cell phone	No	The Supreme Court has ruled that searching a cell phone requires a warrant due to the vast amount of personal data it contains.
Things she said on a land-line phone conversation she had at home	No	Wiretapping private conversations without a warrant violates the Fourth Amendment.
Trash from her home that her family had placed in a garbage can by the curb	Yes	Once trash is left for collection, it is considered abandoned property and can be searched without a warrant.
Something in her fenced backyard, not visible from the street	No	A fenced backyard is part of a person’s private property, and searching it without a warrant would be unconstitutional.

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Discussion Questions

1. How does the Fourth Amendment’s warrant requirement protect you?
   The Fourth Amendment prevents the government from conducting unreasonable searches and seizures, ensuring that law enforcement cannot invade personal privacy without probable cause and a judge’s approval.

2. Due process is included in the Constitution to achieve a certain goal. What does due process achieve?
   Due process ensures fairness in legal proceedings, protecting individuals from government overreach and guaranteeing rights such as the presumption of innocence, legal representation, and a fair trial.

3. What is the exclusionary rule and does this rule help to ensure liberty and justice? Why or why not?
   The exclusionary rule prevents illegally obtained evidence from being used in court, reinforcing constitutional protections and deterring law enforcement from violating individual rights. It helps ensure liberty and justice by holding authorities accountable and maintaining the integrity of the legal system.

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