4th Amendment Basics
This part of the Constitution protects people from unreasonable searches and seizures.
What is the 4th amendment?
f police see illegal items in plain view while legally present, they may seize them without a warrant.
What is the plain view doctrine?
Applied the exclusionary rule to states.
What is Mapp v. Ohio?
Police generally need this to search a cell phone.
What is a search warrant?
The Court has determined that dog sniffs are deemed apart of searches and are therefore protected by the Fourth Amendment
What is false
To obtain a warrant, law enforcement must demonstrate this, meaning the facts and circumstances must make it reasonably likely that evidence of a crime will be found.
What is probable cause?
Officers can search this type of vehicle without a warrant if they have probable cause.
What is an automobile?
Allowed stop and frisk based on reasonable suspicion.
What is Terry v. Ohio?
Private social media accounts can trigger this Fourth Amendment protection.
What is reasonable expectation of privacy?
Searches and seizures of computers have similar legal requirements but not the same as any other type of seizure.
What is false
When officers believe an emergency exists that threatens life or the destruction of evidence, they may conduct this type of warrantless search
What is an exigent circumstances search?
If police believe someone’s life is in danger or evidence may be destroyed, they can conduct this type of warrantless search.
What is exigent circumstances?
Established the automobile exception.
What is Carroll v. United States?
Digital evidence can sometimes be seized without a warrant under this emergency-based exception.
What is exigent circumstances?
The Supreme Courts first case dealing with the applicability of the Fourth Amendment to searches of cell phones.
What is United States v. Wurie
This Supreme Court case established that evidence in plain view of an officer may be seized without a warrant.
What is Harris v. United States?
When someone voluntarily allows police to search, this type of exception applies.
What is a consent search?
Held that wiretaps of public phone booths violated the Fourth Amendment.
What is Katz v. United States?
Listening to phone conversations electronically is called this.
What is wiretapping?
A court decision that has addressed the specific issue of government seizure of e-mails.
what is no court has decision has thus far addressed this
In this case, the Supreme Court ruled that evidence discovered from illegal wiretapping could not be used in court because it violated the Fourth Amendment.
What is Katz v. United States (1967)?
One of these is NOT a requirement for a valid search warrant:
1)Probable cause
2)A supporting oath or affirmation
3) Presence of suspect at location
4)A description of the place to be searched and the things to be seized
5)The signature of a magistrate
What is presence of suspect at location
GPS tracking of a vehicle for a month without a warrant was ruled unconstitutional in this case.
What is United States v. Jones?
Using drones to monitor private property raises questions about this type of surveillance.
What is aerial surveillance?
The Court held that a proposed surgery to remove a bullet from a suspect’s chest for use as evidence would involve such a severe intrusion on their interest in privacy that it would violate the Fourth Amendment and could not be allowed unless the government demonstrated a compelling need for it.
What is Winston v. Lee, 470 U.S. 753 (1985)