The Standard
This constitutional amendment requires probable cause for the issuance of warrants.
What is the Fourth Amendment?
If an officer sees contraband in plain sight, this legal exception allows for a seizure without a warrant.
What is the plain view doctrine?
A traffic stop is legally considered this, which requires reasonable suspicion or probable cause.
What is a seizure?
This case established the "stop and frisk" rule, allowing a limited pat-down for weapons based on reasonable suspicion.
What is Terry v. Ohio?
The level of certainty required for probable cause is often described as "more likely than not" or a "fair probability," and is lower than this standard needed for a conviction.
What is "beyond a reasonable doubt"?
Probable cause is a higher standard than this, which is required for a brief investigative stop.
What is reasonable suspicion?
This exception allows police to search a vehicle without a warrant if they have probable cause it contains evidence of a crime.
What is the automobile exception?
This type of driving behavior may give an officer probable cause to stop a vehicle, as it could indicate the driver is under the influence.
What is erratic driving?
In Mapp v. Ohio, the Supreme Court applied this rule, which makes illegally obtained evidence inadmissible in state courts.
What is the exclusionary rule?
To obtain a warrant, officers must present evidence to a judge or magistrate, usually in this form, which is a sworn, written statement.
What is an affidavit?
The Supreme Court case of Illinois v. Gates established this "totality" test for determining if probable cause exists, replacing a stricter two-pronged test.
What is the "totality of the circumstances" test?
When officers are in "hot pursuit" of a fleeing felon, this is the legal exception that allows a warrantless entry into a private residence.
What is the exigent circumstances or "hot pursuit" exception?
The smell of this substance in a vehicle may provide probable cause for a search, though state laws vary on whether it applies to residences.
What is marijuana?
This 2014 Supreme Court case held that police generally cannot search a person's cell phone data without a warrant.
What is Riley v. California?
The exclusionary rule may apply if officers conduct a search without probable cause, but if they believe they are following a valid warrant that later turns out to be defective, this exception may allow the evidence.
What is the good faith exception?
He must be neutral and detached, and he must be capable of determining whether probable cause exists for the requested arrest or search.
Who is a magistrate?
After a lawful arrest, this exception allows officers to search the person and their immediate surroundings for weapons or evidence.
What is search incident to a lawful arrest?
An anonymous tip about a person carrying a gun at a bus stop was not sufficient to justify this without more corroborating evidence.
What is probable cause to justify a stop and frisk?
In Maryland v. Pringle, the Supreme Court found probable cause to arrest all three occupants of a vehicle when officers found this substance and no one claimed ownership.
What is cocaine?
This is the legal process where a judge reviews the evidence to determine if probable cause exists, particularly after a warrantless arrest.
What is a probable cause hearing?
The doctrine that evidence obtained without probable cause is inadmissible in court.
What is the exclusionary rule?
In Arizona v. Evans, the Supreme Court ruled this exception may allow evidence from a warrantless arrest to be admissible, even if the warrant was invalid due to a clerical mistake.
What is the good faith exception?
An officer can order both the driver and passengers out of a vehicle during a traffic stop, a rule established in this Supreme Court case.
What is Maryland v. Wilson?
Due to the nature of their supervised status, these have a diminished expectation of privacy compared to free citizens, allowing for greater government intrusion into their lives for public safety and rehabilitation.
Who are parolees and probationers?
If a police officer is relying on information from a confidential informant, the judge must consider both the informant's reliability and this "basis" for their information.
What is their "basis of knowledge"?