The 4th Amendment, Generally

Question 1

4th Amendment Analysis, Step One

Answer 1

First determine if there was a government action.

Question 2

4th Amendment Analysis, Step Two

Answer 2

Then determine if the defendant has standing to contest a search or seizure.

Question 3

Elements for Standing to Contest a Search or Seizure

Answer 3

(1) Is there a subjective expectation of privacy

(2) does society objectively consider there to be privacy in the things or place to be searched?

Question 4

Stop and Frisk

Answer 4

Police must show a reasonable suspicion, supported by articulable facts of criminal activity.

The initial justification for a stop and frisk is insufficient to justify a warrantless search.

Question 5

Police Checkpoints

Answer 5

Police may set up roadblocks to stop cars without individualized suspicion that the driver has violated the law if:

(1) cars are stopped on a neutral, articulable standard and
(2) the roadblock is designed to serve purposes closely related to a particular problem related to automobiles