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4
Lesson Plan
Search and Seizure
CONTENT AND COMPETENCIES
Content
The Fourth Amendment regulates three activities in addition to those covered in Chapter 3: (1) searching
persons for evidence, (2) searching places and things for evidence, and (3) seizing evidence. These three
activities are grouped together into a single category called “search and seizure” law. The work that police
Objectives
• Law of Search and Seizure
• Search warrant
MATERIALS AND RESOURCES
Computer and PowerPoint projector
KEYWORDS AND TERMS
anticipatory search warrant
apparent authority
arrest
impoundment
instrumentalities
intensity (of a search)
protective sweep
reasonable expectation of
privacy
_______________________________________________________ Chapter 4 Search and Seizure 2
Constitutional Law
Kanovitz
LESSON 4.1
CRITICAL THINKING QUESTION
What are the centerpieces of Fourth Amendment search and seizure law?
Guidelines: “Privacy” and “property” are the centerpieces of Fourth Amendment search and seizure law. As
with seizures of persons, searches and seizures of property are graded according to invasiveness. Some
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
basis for search
and seizure law
under the
Overview of the Law of
Search and Seizure
Nonsearch Activity
Definition of a Search
Interpretation from
Olmstead to Katz
Search Defined
Nonsearch Activity
Sources of Search
Authority
PPT:
• 1–10
• Fig. 4.2: Essentials for a lawful search
• Fig. 4.3: Categories of searches
• Fig. 4.4: Probable cause for a search warrant
• Fig. 4.5: Warrant requirement for evidentiary
searches
• Textbox: Duffel trouble for Officer Caeser
• Fig. 4.6: Fourth Amendment requirements for
seizing property
_______________________________________________________ Chapter 4 Search and Seizure 3
Constitutional Law
Kanovitz
LESSON 4.2
CRITICAL THINKING QUESTION
What are the differences between the requirements for a search warrant for people and a search
warrant for evidence?
Guidelines: Search warrants for evidence can either point to specific fruits of a crime and contraband or to
mere evidence (e.g., “one black coat” that eye witnesses saw the suspect wearing when the crime was
OBJECTIVES
CONTENT
TEACHING RESOURCES
Recognize the
differences in
search warrants
for evidence.
Understand the
Fourth Amendment
Search Warrant
Applying for
Contents and Form
Terry Search Revisited
Required Grounds
Permissible Scope
Permissible Intensity
Seizure of Evidence in
“Plain Feel” during a
Terry Pat-Down Search
Search Following a
Custodial Arrest
PPT:
• 11–13
Figures:
Exercises:
• In the Test Bank, choose True or False question 5
and Multiple Choice questions 4–7
Student Activity:
• Read and discuss Case Study 2
_______________________________________________________ Chapter 4 Search and Seizure 4
Constitutional Law
Kanovitz
LESSON 4.3
CRITICAL THINKING QUESTION
In addition to consent, what are the four theories for searching a vehicle without a warrant?
Guidelines: There are four theories, in addition to consent, for searching motor vehicles without a warrant:
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand the
justifications
for vehicle
searches and
seizures and
Vehicle Searches
Search of Vehicles
Pursuant to a
Detention or Arrest
Search of Vehicles Based
on Probable Cause
Grounds for Search
Authority
Inventory Searches of
Impounded Vehicles
Grounds for Search
Authority
PPT:
• 14–15
Figures:
• Fig. 4.13: Vehicle searches based on probable cause
(“automobile exception”)
• Fig. 4.14: Vehicle inventory search
Student Activity:
• Read and discuss Case Studies 3–4
_______________________________________________________ Chapter 4 Search and Seizure 5
Constitutional Law
Kanovitz
_______________________________________________________ Chapter 4 Search and Seizure 6
Constitutional Law
Kanovitz
LESSON 4.4
CRITICAL THINKING QUESTION
Why are the standards for police searches of homes so strict?
OBJECTIVES
CONTENT
TEACHING RESOURCES
Understand
Fourth
Amendment
restrictions on
the searches of
protected
premises.
Search of Protected
Premises
Premises Protected by
the Fourth
Amendment
Business Premises
Entry and Search of
Premises under a
Warrant
Searches
Search Pursuant to an
Arrest Warrant
Entry and Search of
Premises without a
Warrant
Grounds
Summary
PPT:
• 16–20
Figures:
• Textbox: A Final Tail
• Fig. 4.15: Premises searches conducted under the
• In the Test Bank, choose True or False questions 5–6
and Multiple Choice questions 10–11
Student Activity:
• Read and discuss Case Study 5
_______________________________________________________ Chapter 4 Search and Seizure 7
Constitutional Law
Kanovitz
