chapter 3 Flashcards
(21 cards)
fourth amendment
-reflects one of the primary grievances early American colonists had toward the crown
-protects persons, houses, papers, and effects from unreasonable searches and seizures
persons
encompasses the individual as a whole(internally/externally)
houses
any structure that a person uses as a residence on either a temporary or long-term basis
papers
business records, letters, diaries, memos, other forms of tangible evidence
effects
anything that is not a person, house, or paper
reasonableness
unreasonable search and seizure
elements of a fourth amendment search
-government action
-infringement on a persons reasonable expectation of privacy
search
an activity geared toward finding evidence to be used in criminal prosecution
abandoned property
no warrant
open field and curtilage
warrant unless plain view
tracking devices
warrant needed
sensory enhancement
warrant if super invasive
curtilage
area immediately surrounding a home
seizure
-dual meaning
-property(US v Jacobson)
-people(person restrained through force or show of authority, reasonableness)
justification
police need to have justification or cause before they can conduct a search or seizure
probable cause
-Beck v Ohio
-50% certainty
-always required in arrests with/without warrants and searches and seizures of property with/without warrants
ingredients in probably cause
-prior record
-flight from the scene
-suspicious conduct
-admissions
-incriminating evidence
-unusual hour
-suspect resembles perp
-evasive and untruthful responses to questions
-obvious attempt to hide something
-presence in a high crime area and/or near a crime scene
-furitive gestures
-knowing too much
use of informants
-Illinois v Gates(totality of circumstances test)
-used for determining probable cause based on information from informants in both the arrest and search and seizure
totality of circumstances test
-when the informant describes how they found out about criminal activity
-when the informant gives a detailed description of the activity
-when evidence for reliability exists
-when the informant predicts criminal activity that is later corroborated by police
-when the informant implicates themselves in criminal activity
reasonable suspicion
-Terry v Ohio
-below probable cause, but above a hunch
administrative justification
-government entities occasionally conduct searches in circumstances other than criminal investigations
-noncriminal search
-weighs the privacy interest of individuals with the interests of society in preserving public safety
