The Constitution
Name the amendment that identifies when the government can search or seize people or things.
Fourth
True or False: The ruling in Katz v. U.S. found that, in general, the 4th Amendment protects people, not places.
True
True or False: When police arrest someone in their home, they should have a warrant (unless there is some exigency)
True
What is another term for exigency?
Hot pursuit
When a government takes control of a person or property, this is known as a ___________________.
Seizure
Fill in this blank, from the text of the Amendment. "No warrants shall be issued, but upon ________________ and supported by oath or affirmation."
Probable Cause
What did the Supreme Court find in California v. Greenwood, also known as the "trash" case?
That police do not need a warrant for trash left on the curb.
What is the name of the exception when an officer sees contraband out in the open?
Plain view
What is the term for the exception when a person voluntarily waives the warrant requirement and allows an officer to search their car or home?
Consent Search
Stare decisis
What clause in the Constitution establishes that the Constitution is the highest law in the land, and all laws must conform to it?
Supremacy Clause
In which case did the Supreme Court decide that -- even if officers don't knock and announce their presence-- the evidence seized may still be allowed in court.
Hudson v. Michigan
What are the two types of information that can lead to establishing probable cause?
What was the rule established in Chimel v. California?
Search incident to arrest-- reach and lunge rule ("grabbable area")
What is the sole legal justification that the Supreme Court allows stop and frisks to happen without a warrant?
Officer Safety/To look for weapons
What is the name of the petition which a person makes to have their case heard by the Supreme Court?
Writ of certiorari
In Tennessee v. Garner, the Supreme Court established the "fleeing felon" rule. What is it?
That officers may not use deadly force unless it is to protect the officer or the public from grave harm or death.
Objective basis (was there probable cause)?
Manner of arrest (was the force reasonable)?
Why does the Supreme Court allow warrantless searches of automobiles?
Because of their mobility-- it is impractical to need a warrant, and because of lesser expections of privacy in automobiles
Put these standards of evidence in order, from LOWEST to HIGHEST standard. Probable Cause, Proof beyond reasonable doubt, reasonable suspicion.
Reasonable suspcion, probable cause, proof beyond reasonable doubt.
Why can police use of deadly force be a potential Fourth Amendment issue/ violation?
Because it may be an unreasonable seizure.
In Graham v. Connor, the Supreme Court developed a 3 prong test to determine whether the force police used was reasonble. Name the 3 prongs.
1. The severity of the crime at hand. 2. The level of resistence of the suspect. 3. The threat to the officer/other people.
What is the name for the constitutional test which determines whether probable cause standard has been met?
Totality of the circumstances.
Name 3 places where we have a LESSER expectation of privacy, and where a warrant is generally not required.
Prison/jail searches, airports, the border, automobiles
Criminal procedure must balance two things. Please define BOTH of these.
Crime control/Security and Due Process/Individual Privacy