Fourth Amendment and Vocabulary
This part of a case brief should include the question the court is being asked to consider
Issue
True or false: Officers need a warrant to search someone's backyard while flying in a plane at an altitude of 1,000 feet.
False or It depends
What two questions are asked to determine if a reasonable expectation of privacy exists?
Do I expect privacy in the area? Does society agree?
This exception to the warrant requirement requires police to be actively pursuing a suspect.
Hot pursuit
This is the number of justices on the U.S. Supreme Court
9
The definition of this word is facts or circumstances that would lead a reasonable person to conclude that a crime has been, is being, or will be committed.
Probable cause
True or false: The US Supreme Court said Officers need a warrant to place a listening device on a public phone booth.
True
The Fourth Amendment only protects individuals from searches and seizures conducted by _____________ actors.
Government
This exception to the warrant requirement requires an individual to voluntarily permit an officer to conduct a search.
Consent
The court that is the supreme law of the land.
What is the US Supreme Court.
Under the Fourth Amendment, these two things are generally required to conduct a search.
Probable cause and a warrant
True or false: The US Supreme Court said Officers need a warrant to use a thermal imaging device to gather information about relative heat sources in a home.
True
When evidence is deemed inadmissible in court because it was gathered illegally, we say the evidence must be suppressed as a result of this rule
Exclusionary rule
Police stop a car for speeding and while talking to the suspect see a plastic baggie of what appears to be marijuana on the front seat. What exception to the warrant requirement gives the police justification to search?
Plain view
When the court agrees with the lower court and upholds the decision, the court does this.
What is affirms?
Three sources of law
What are the Constitution, Statues, and Precedent
True or false: Officers need a warrant to search someone's trash, which is left in a black garbage bag near the sidewalk.
False but probably true in NM
Police may stop a person briefly and give them a "pat down" or "stop and frisk" if they have this level of proof.
Reasonable suspicion
Evidence that can quickly disapper
What is evanescent evidence?
When the Supreme Court grants this it means they agree to hear the case.
What is a petition for writ of certiorari?
The Fourth Amendment protects individuals against unreasonable _____________ and _____________.
Searches and seizures
This U.S. Supreme Court case introduced the idea of a reasonable expectation of Fourth Amendment protection.
What is Katz
Name one justification for why the automobile exception exists
(1) Prevent the destruction of evidence (2) Diminished expectation of privacy
Police can conduct a protective sweep of the premises during this type of search.
Search Incident to arrest
The decisions of the US Supreme Court are ______ on lower courts and establish ________.
What is binding and precedent.