4th Amendment/Right to Privacy
When it comes to the government accessing people’s medical records, what outweighs an individual’s right to privacy?
Public Safety
The pat-down doctrine has its origins in what court case?
Terry v Ohio
In order for something to be considered admissible in court, the cop cannot do what to the evidence?
Move it/be in the location without permission
The public safety exception states what?
Right of the police to search without probable cause when not doing so could pose a threat of harm to the public
Even if the police are successful in abstaining a confession, what could make the confession inadmissible in court?
Threat, pain, uninformed of rights, not voluntary, unknowingly
True of False: The right to privacy is explicitly stated in the constitution
False, it is an inferred right that is compiled from other amendments
What is a reason why a police officer may be inclined to conduct a pat-down search?
Ensure no weapons
What court case stated that evidence in plain view of officers is admissible in criminal court?
Harris v United State
On what type of transportation can officers search passengers without probable cause?
Airlines, busses, subways
How can police officers undermine people’s Miranda Rights?
First interrogating the suspect without telling them their Miranda Rights, then telling them the rights, discarding their first confession, and doing it again
The 4th Amendment requires that evidence must be obtained by police only if they have 1 of 2 possible things. List 1 of the 2 things police must have to apply a search and seizure.
1) Search warrant
2) Probably cause
If the police have probable cause to believe that someone has swallowed illegal drugs in an effort to conceal them, do they need a search warrant?
Yes, if they want to physically search the person, such as stomach pumping
The Carroll Doctrine states that evidence found in an automobile without a search warrant is admissible in court if: (list 1 of the 2 things)
1) an officer has probable cause to believe a crime occurred
2) a delay in searching the automobile could result in loss of evidence
List one thing that school administrators have discretionary power to search of students?
Backpacks, purses, lockers
What is an exception to the Miranda Rights for obtaining an exception?
If a confession is given freely before the officer has a chance to warn them of their Miranda Rights
Was Lonnie Maurice Hill’s claim that he had the right to privacy in a public restroom rejected or accepted by the court?
Rejected
In Terry v Ohio, the Court ruled that there was no violation of the 5th Amendment for a citizen to be required to disclose WHAT during a traffic stop?
Name/Drivers License
In Illinois v Caballes, it was decided that officers could use what to search vehicles of narcotics possession?
Drug sniffing dogs
What is the good faith exception?
Exception to the requirement that police must have a valid search warrant or probable cause when they act in good faith on the belief that the search was legal
List one requirement in order to make it a fair lineup
Right to an attorney present
Must include actual suspects
Must include similar looking suspects to description
Suspects who are known not to be capable of being the offender
What occurred in United States v Antoine Jones regarding GPS devices?
Cops placed a tracking device on his jeep and months of watching where he went was enough evidence to get a search warrant and find him guilty of drug trafficking
Searches of people at border checkpoints do not require what?
Probable cause, reasonable suspicion, search warrant
True or False: If the automobile is impounded, officers can search any part of it
True
Accidentally putting the wrong address in for a search warrant protects an officer through what exception?
Good faith exception
What/who must be present in the case of a juvenile interrogation?
A guardian