Cases and Rules

Question 1

ADAMS v. STATE

Answer 1

A surgical invasion of a person’s body is unreasonable & a violation of due process under the 14th Amendment. They ruled on the basis of the magnitude of the procedure, that is why it is unreasonable & a violation

Question 2

Carroll v. United States

Answer 2

search and seizure under the 4th Amendment, the law recognizes a distinction between fixed structures and movable vehicles, such as automobiles, which can easily be moved from the jurisdiction before a search warrant can be obtained. If an officer has PC to believe that a vehicle he encounters contains items subject to seizure, and the circumstances are such that he has no opportunity to obtain a warrant, he is privileged to stop such a vehicle and search it without a warrant and items seized are admissible in evidence because under those circumstances the search is reasonable.

Question 3

Tennessee V. Garner

Answer 3

Arrest of a subject is a 4th Amendment seizure and therefore must be “reasonable.” Deadly force is not always necessary when attempting to arrest a fleeing felon, and is unconstitutional.

Question 4

TERRY – Stop and maybe frisk

Answer 4

Where a police officer observes unusual conduct leading him reasonably to conclude in light of his experiences that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous; where in the course of investigating this conduct he identifies himself as a policeman and makes reasonable inquiries; and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others’ safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such person in tan attempt to discover weapons which may be used to assault him. Such a search is reasonable under the Fourth Amendment and weapons thereby seized are admissible in evidence