4th Amendment Flashcards
(20 cards)
What does the 4th Amendment protect against?
Unreasonable government searches and seizures
The 4th Amendment is a part of the Bill of Rights in the U.S. Constitution.
What are the two categories of government searches and seizures?
- Seizures of a person
- Searches and seizures of evidence
These categories define the scope of the 4th Amendment protections.
What is a seizure of a person?
When a reasonable person would not feel free to terminate their encounter with a government agent
This is determined under the totality of the circumstances.
Define a Terry Stop.
A temporary seizure of a person to investigate potential criminal activity
It requires reasonable suspicion based on articulable facts.
What is required for an arrest to be reasonable?
Probable cause to believe the person has committed a crime
Probable cause can be established by witnessing a crime or being informed by a reliable source.
What is an arrest warrant?
A document issued by a neutral magistrate based on probable cause to arrest an individual
It allows law enforcement to enter a home to make an arrest.
What are exigent circumstances?
Situations where law enforcement may conduct a search without a warrant due to immediate danger or risk of evidence destruction
Examples include hot pursuit of a suspect or immediate public danger.
What constitutes a ‘search’ under the 4th Amendment?
A physical intrusion into an area where a person has a reasonable expectation of privacy
This includes places like homes, hotel rooms, and offices.
List places where a person typically has a reasonable expectation of privacy.
- The home
- The backyard of the home
- A hotel room
- An office
- Luggage
These areas are protected under the 4th Amendment.
List places where a person typically does NOT have a reasonable expectation of privacy.
- Public streets
- Open fields
- Abandoned property
- Anything visible from public airspace
- Anything seen from public space
These areas are not protected under the 4th Amendment.
What are the requirements for a valid search warrant?
- Issued by a neutral magistrate
- Based on probable cause
- Describes the place and property to be searched with particularity
Failure to meet these requirements can invalidate the warrant.
What happens if a search warrant is invalid?
The recovered evidence will generally be excluded from the prosecutor’s case-in-chief
Unless an exception to the search warrant requirement applies.
What is the ‘knock and announce’ rule?
Officers must knock and announce their presence before executing a search warrant
Failure to do so can lead to exclusion of evidence unless the violation is minor.
What are the seven exceptions to the search warrant requirement known as E.S.C.A.P.E.S.?
- Exigent circumstances
- Search incident to lawful arrest (SILA)
- Consent
- Automobiles
- Plain View
- Evidence obtained from administrative searches
- Stop and frisk
These exceptions allow searches without a warrant under certain conditions.
What is a search incident to a lawful arrest (SILA)?
A search for weapons or evidence that occurs at the time of a lawful arrest
The scope is limited to objects within the reach of the arrestee.
What is required for law enforcement to search an automobile without a warrant?
Probable cause to believe it contains contraband or evidence of a crime
The search can include parts of the vehicle and containers that could hold the items sought.
Under what conditions can evidence be seized under the Plain View doctrine?
- Officers are legally on the premises
- Evidence is observed in plain view
- There is probable cause to believe the items are evidence of a crime
This allows for the seizure of evidence without a warrant.
What is an administrative search?
A search that does not require a warrant if it is reasonable and conducted under established police procedures
Examples include searches at airports and international borders.
True or False: During a Terry Stop, an officer can search for evidence.
False
Officers can only frisk for weapons during a Terry Stop.
What happens if a search is conducted without a warrant and without an exception?
The search is generally considered unlawful
Evidence obtained may be excluded from legal proceedings.
