warrents
What part of the bill of rights requires police to have a search warrant
The 4th
What is a “seizure”
the taking of something
what is the most common exception
What does the 4th amendment mean
Protects from unreasonable searches and seize and what must be in a search warrant
can the school search your locker?
School lockers can be searched without a warrant in many states.
Name 2 of the 4 elements to determine probable cause
The fact and circumstance are to a specific person
Does an arrest count as a seizing of a person
yes
If something is in a public place that anyone can access can police use it as evidence is so why?
because of the plain veiw exepction this alows police to take in evidece that is found while looking for something or someone else.
what is the exclusionary rule
Any evidence found without a search warrant cannot be admissible in court.
Do you need a warrent when someone concents
If someone agrees to being searched then no warrant is needed.
what is probable cause
The level of evidence to justify police searching or arresting a person
How does one determine when property is seized
Was there a meaningful interference with the person's possession of property
The exigent circumstances exception to
Police optaining evidence without a search warrent out of fear the evidence is in imminut danger.
How many major parts are there to the 4th amendment
unreasonable searches seize and warrants
When was the 4th amendment ratified
December 15th, 1791
What test does the court use to determine if evidence is enough for probable cause.
The totality of the circumstances test.
When does one become seized for legal purpose
If a reasonable person would have believed that he was not free to leave
what is the searches incident to a valid arrest mean?
must be reasonable and no excessive force shall be used.
How does the court decide if evidence found without a search warrant is admissible
What a reasonable person might expect in terms of privacy.
What does warrant mean
A document given to a person from the government that allows them to search their belongings
What case applied to the Totality of the circumstance
Illinois v. Gates
What did Florida v. Bostick say about the seizing of a person
That the court must consider all circumstances surrounding the encounter
can a police officer search your car without concent if there is a strong smell of marry jane.
yes this expection is known as probable cause.
If evidence is found with an exception rule, that evidence can be used in court.
yes
What case did we use for the fourth amendment
California V. Acevedo (drugs)