Fourth Amendment Vocabulary
Scenarios
Search and Seizure
Probable Cause/Reasonable suspicion
case law
100
body of law dealing with the private rights of individuals, as distinguished from criminal law
What is Civil Law
100
Graham was a diabetic who was essentially stopped and arrested after police thought something was wrong when Graham left a convenience store abruptly. As it turned out, he was trying to find some sugar for his diabetic condition, but the line was too long, so he left. Appearing drunk (due to the hypoglycemic condition), he was arrested and denied sugar or orange juice.
What is excessive force
100
Differs from arrests in that they occur in public places and are shorter in duration
What is Stop
100
a DNA profile, a suspect fleeing an office, and a suspect making furtive movements.
What is direct evidence
100
According to the Supreme Court's decision in New Jersey v. T.L.O., involving the search of a student's purse, school officials (at least those officials supervising students junior high age or younger) may search the possessions of a student under their authority if they have:
What is reasonable suspicion
200
a legal concept that establishes procedures to insure an individual's rights and liberties in all legal proceedings
What is Due process
200
police could not automatically do a search incident to arrest when only this was given the driver, as opposed to when an arrest occurs.
What is citation
200
An official takes a person into custody and holds him from anywhere between a few hours to a few days to answer for a criminal charge
What is an Arrest
200
officers may on these four things to create probable cause
What is what they see, hear, smell, and taste.
200
police cannot shoot a fleeing suspect if he poses no imminent danger.
What is Tennessee v Garner
300
Sufficient reason, based on existing facts that a crime has been committed or that property is evidence of a crime. Probable cause is a required element for a legal search and seizure
What is Probable cause
300
Which of the following would NOT justify an emergency search? a. Belief of danger to community safety b. Inconvenient location to wait with suspect for a warrant c. Potential of suspect destroying evidence d. Belief of danger to officers
What is b inconvenient location to wait with suspect for a warrant.
300
Of the following it is NOT necessary to obtain an arrest warrant - a neutral magistrate, an affidavit, name of person, criminal history.
What is criminal history
300
they are powerful investigative tools that police use to gather evidence against suspects and the Supreme Court has decided that they do not violate the Fourth Amendment.
What is pretextual stop
300
In regard to school searches, the Supreme Court has declared the legality of the search of a student should depend on this, under all circumstances, of the search.
What is reasonableness
400
a legal document authorizing a law enforcement official to take some action
What is Warrant
400
Courts have found this certain method used to subdue a suspect during arrest as use of unreasonable force.
What is Hogtying
400
Barring exceptions this third party conversation can be used to create probable cause but may not be used to convict.
What is Hearsay
400
According to State v. Ellis, searches of college dormitory rooms:do not require a warrant or probable cause when conducted by university residence hall staff officials for these reasons.
What is health and safety
500
"The right of people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."
What is The Fourth Amendment
500
May obtain this if officers can show that knocking (announcing their presence) would be dangerous, futile, compromise the investigation, and allow for the destruction of evidence.
What is no-knock warrant
500
Officers must obtain it voluntarily but need not warn of the right to refuse
What is conset
500
This class of persons have diminished Fourth Amendment rights
What is parolee and probationee
500
Drug testing is reasonable if it is _________ in nature and due to the special need of the government to protect public safety, which outweighs the minimal invasion of privacy.
What is random
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