Fourth Amendment: Application to Arrest, Search and Seizure

Question 1

The Fourth Amendment

Answer 1

The Fourth Amendment protects persons against unreasonable arrests or other seizures as well as unreasonable searches by the government. It is applicable to the states through the Fourteenth Amendment.

When a warrant is required, it must comply with these constitutional requirements:

Probable cause
Supported by oath or affirmation
Describing the place, persons, or things with particularity

Question 2

Seizure

Answer 2

The seizure of a person occurs when:

A police officer physically touches a subject with the intent to restrain that person, or
The subject submits to the officer’s show of authority, with or without physical contact.

Question 3

Entry into Arrestee’s Home

Answer 3

The police must have a warrant to arrest an individual in his own home unless there exist exigent circumstances or they have valid consent to enter the arrestee’s home.

Question 4

Unreasonable Search

Answer 4

An unreasonable search occurs when the government:

Invades a place protected by a reasonable expectation of privacy, or
Physically intrudes upon a constitutionally protected area (persons, houses, papers, or effects) for the purpose of gathering information.

Question 5

Exclusionary Rule

Answer 5

Under the exclusionary rule, evidence obtained in violation of the accused’s Fourth, Fifth, or Sixth Amendment rights may not be introduced at the accused’s trial to prove guilt. Under the Fourth Amendment, evidence seized during an unlawful search cannot constitute proof against the victim of the search