The 4th Amendment
Court Cases
Searches
Search Warrants
Vocabulary Terms
100
Protects citizens against unreasonable searches and seizures by the police (government)
What is the 4th Amendment?
100
Mapp v. Ohio
What court case created the exclusionary rule to the state level not just the federal?
100
A set of facts or circumstances that is more than a hunch but less than probable cause that leads a reasonable person to believe that a crime has occurred, is occurring, or is about to occur.
What is "reasonable suspicion"?
100
An order in writing, signed by a judge, directed to a peace officer, commanding the officer to search, and to bring seized items before the judge.
What is a search warrant?
100
Occurs when an officer applies force or when a person voluntarily submits to the authority of the peace officer.
What is a "arrest?"
200
The sworn facts and circumstances that support the reason to be evaluated by a judge.
What is an affidavit?
200
New Jersey v. TLO
What case said that because of the nature of the educational system and the need for swift discipline it was not required to obtain a search warrant?
200
A set of facts that would lead a reasonable officer to believe that a crime has occurred, is occurring, or is about to occur AND the person is connected to the crime.
What is "probable cause"?
200
A search warrant can normally be executed (served) between these hours.
What is 7am to 10pm?
200
Evidence that proves a fact. For example, a video recording of a suspect purchasing drugs from an undercover officer or something found at a crime scene.
What is evidence?
300
Private citizens, security and school principals are not required to obtain these.
What is a search warrant?
300
Terry v. Ohio
What court case was decisive to frisk a person(s) not under arrest who may pose a threat to an officer?
300
Inadmissible or excluded evidence at trial is often referred to as this.
What is "Fruit of the Poisonous Tree"?
300
One of the things to base probable cause off of for obtaining a search warrant.
What is: stolen or embezzled, used to commit a felony, in the possession of a person with intent to commit a public offense, evidence that a felony has been committed, evidence that shows the sexual exploitation of a child, in order to enter the residence of a 3rd party to execute an arrest warrant.
300
Reasonably believed that through the course of the investigation the police would have found the evidence .
What is "inevitable discovery?"
400
Occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government.
What is a search?
400
That the exclusionary rule only applied to federal cases.
What decision did Wolf v. Colorado provide?
400
A motor vehicle, exigent circumstances, plain view and consent.
What are exceptions to a warrant?
400
Two of the 7 things necessary in the search warrant. Without them, the search warrant is not valid.
What is: names of officers, statutory grounds for warrant, description of places to be searched, descriptions of things to be seized, date issued, judge's signature, whether or not nighttime service is authorized.
400
This is what is given to a suspect or person prior to questioning before answering questions during an interrogation or custodial interview.
What is "Miranda Warning"?
500
This extended the 4th Amendment to states for the due process of a persons rights.
What is the 14th Amendment?
500
That reasonable force must be used when "seizing" a person and that deadly force must be reasonably applied when there is a concern for the safety of the officer or the public at large.
What is Tennessee v. Garner?
500
This is the area around a person that can be searched incident to an arrest.
What is the area of control or 'wingspan"?
500
Any evidence that was found due to an illegal and invalid search warrant.
What are "fruits of the poisonous tree"?
500
Chief Gregory
Your favorite police officer.
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