CL M4A1

THE FOURTH AMENDMENT PART I

Constitutional Law

Introduction

 Limited government power is necessary for the laws of the country to be enforced and the government’s business to be carried out.

 A balance is required for democracy.

 Terms fundamental to understanding the 4th Amendment.  Search

 Seizure

The Importance of the 4th Amendment to Law Enforcement

 The 4th Amendment’s prohibition against unreasonable searches and seizures by the police is perhaps the most vital component of criminal procedure.

 It has given ample opportunities to the U.S. Supreme Court to set forth when any government agent may or may not act, as well as when they have an expectation, or duty, to do so.

Wolf v. Colorado , 338 U.S. 25 (1949)

 Facts: Julius Wolf was convicted of conspiracy to perform criminal abortions. He argued that evidence obtained in violation of his 4th Amendments rights should not be used against him in trial. The Supreme Court of Colorado upheld his conviction, and the use of the evidence.

 Issue: Were the states required to exclude illegally seized evidence from trial under the Fourth and Fourteenth Amendments?

 Holding: Yes and no. The Court held that even though the Fourth Amendment is applicable to the states, the exclusionary rule is not necessarily a component of that application.

 Rationale: Any government agent (federal, state or local) is regulated by the 4th Amendment by way of the 14th. But the Court reasoned that while the exclusion of evidence may have been an effective way to deter unreasonable searches, other methods could be equally effective.

Who is Governed by the 4th Amendment?

 Private individuals or agencies are not regulated by the 4th

Amendment.

 Why?  The Constitution was established to limit the power of government and its agents.

United States v. Parker , 32 F.3d 395 (8th Cir. 1994)

 Facts: UPS opened a duffel bag insured for $4000, consistent with company policy, and found $4000 in cash, then alerted the DEA, which found drugs. UPS delivered the duffel under DEA operation and Parker was arrested at the address.

 Issues: Did UPS violate the 4th Amendment?

 Holding: No.

 Rationale: UPS had no duty to secure a warrant as it was not a state actor.