Searches
This type of court order allows law enforcement to search a specific place and seize specific items.
Search Warrant
Under the Fourth Amendment, a seizure occurs when the government takes possession of this for evidence or control.
Property
A person talking on a cell phone in a public hallway generally does not have this, because anyone nearby could overhear them.
Reasonable expectation of privacy
Searches of these devices are governed by the Fourth Amendment, though case law is still evolving.
Electronic devices
These types of searches are not conducted by police but instead for public safety or regulatory reasons.
Special needs searches
These circumstances allow police to conduct a search without a warrant because waiting could endanger life, allow escape, or destroy evidence.
Exigent circumstances
This term describes the arrest of a person by law enforcement, which is considered a form of seizure.
Seizure of a person
The expectation of privacy is lower in these areas, like streets, airports, and public parks, where people could reasonably be observed by others.
Public places
This principle says that searches of texts and e-mails are treated the same as searches of physical items under the Fourth Amendment.
Fourth amendment protection
School drug testing of student-athletes is an example of this type of search.
Special needs search
When school officials search students, they only need this lower standard, instead of probable cause.
Reasonable suspicion
Law enforcement may seize items without a warrant if they are in plain view and the officer has probable cause to believe they are connected to a crime.
Plain view doctrine
This test, often used by courts, asks whether a person actually expected privacy and whether society would recognize that expectation as reasonable.
two-pronged Katz test
Police seizing a computer must ensure that they do not overreach and only search for items specifically authorized; this relates to:
Scope of search
This type of non-police search is conducted to ensure compliance with rules, regulations, or safety codes.
Administrative search
Searches conducted for public safety or regulatory purposes, like airport security screenings or employee drug tests, are called this.
Special needs searches
Seizures of persons or property are only constitutional if they are reasonable, typically requiring either probable cause or this type of judicial authorization.
Warrant
In the case of Katz v. U.S. (1967), the Supreme Court ruled that this kind of protection extends beyond physical trespass.
Fourth amendment protection against searches and seizures
The Fourth Amendment applies to both physical devices and their stored data, including emails, documents, and other files.
Digital effects
Airport security screenings are an example of this type of non-police search.
Special needs searches
his term describes the space within a person’s immediate reach where they could grab a weapon or destroy evidence, allowing a limited warrantless search.
Area of immediate control
This rule prevents evidence obtained during an illegal seizure from being used in court.
Exclusionary rule
If you leave your trash on the curb for pickup, the Supreme Court has ruled you generally do not have this, because it is accessible to anyone, including police.
Expectation of privacy
This type of search may involve copying data without altering the original to preserve evidence while minimizing intrusion.
Forensic computer search
Unlike law enforcement searches, these searches do not require probable cause, but the search must still be reasonable.
Adminstrative search