The 4th Amendment
The 4th Amendment specifically protects the people against this type of government intrusion.
What are unreasonable searches and seizures?
What is an affidavit?
This exception applies when an officer is in a place they are legally allowed to be and immediately recognizes an incriminating object.
What is Plain View?
The standard of proof required to conduct an investigative detention.
What is reasonable suspicion?
This rule states that evidence obtained in violation of the 4th Amendment cannot be used in court.
What is the Exclusionary Rule?
For the 4th Amendment to apply, the intrusion must be conducted by this type of actor, not a private citizen.
What is a government agent?
A search warrant must be signed by this type of official, who must be "neutral and detached."
What is a judge (and/or magistrate)?
This is the most common exception, but it must be given voluntarily and can be revoked at any time.
What is consent?
The standard of proof required to make an arrest or obtain a search warrant.
What is probable cause?
Secondary evidence that is discovered as a result of the primary illegal search is known by this colorful legal metaphor
What is the Fruit of the Poisonous Tree?
Katz v. United States established that the 4th Amendment protects people, not places, whenever a person has this.
What is a reasonable expectation of privacy?
The 4th Amendment requires that a warrant "particularly describe" these two things.
What are the place to be searched and the things to be seized?
Under the Carroll Doctrine, officers can search this without a warrant if they have probable cause that it contains evidence of a crime.
This 1968 Supreme Court case established the legality of "Stop and Frisk" based on reasonable suspicion.
What is Terry v. Ohio?
To ensure evidence is admissible, investigators must maintain a written record of everyone who handled the evidence.
What is Chain of Custody?
This legal concept determines whether a specific person has the right to challenge a 4th Amendment violation (e.g, a passenger in a stolen vehicle lacks this).
What is Standing?
If information in an affidavit is too old to suggest the evidence is still at the location, it is considered this.
What is stale (or staleness)?
Based on Chimel v. California, this exception allows officers to search the arrestee and their immediate "area of control," or "wingspan" following a lawful arrest.
What is Search Incident to Lawful Arrest?
The legal test established in Illinois v. Gates that courts use to determine if probable cause exists, looking at the "the whole picture."
What is the Totality of the Circumstances?
Miranda warnings are only required when a suspect is subject to these two conditions simultaneously
What is in custody (not free to leave) and being questioned (interrogated)?
The area immediately surrounding a home, which enjoys the same protections as the home itself (unlike Open Fields).
What is curtilage?
Officers must generally do this before forcibly entering a residence to execute a warrant, unless it would be dangerous or futile?
What is Knock and Announce?
This exception allows entry without a warrant to prevent imminent destruction of evidence, escape of a suspect, or harm to persons.
What is Exigent Circumstances?
While probable cause is required for a warrant, this is the much higher standard of proof required by the Due Process Clause to secure a criminal conviction in court.
What is Beyond a Reasonable Doubt?
In a photo lifeup, if the suspect stands out too much, the lineup is considered this and is inadmissible.
What is unduly suggestive?