Fourth Amendment Fundamentals
The 4th Amendment protects individuals from this.
What are unreasonable searches and seizures?
Police generally need this to conduct a lawful search unless an exception applies.
What is a search warrant?
This is a brief investigatory stop by law enforcement that falls short of a traditional arrest.
What is a "Terry stop"?
This rule prohibits the use of illegally obtained evidence at trial.
What is the exclusionary rule?
This formal criminal charge comes from a grand jury.
What is an indictment?
A person must have this to challenge a Fourth Amendment violation in court.
What is "standing"?
These allow police to enter a residence without a warrant to provide medical aid, prevent destruction of evidence, or pursue an individual who has committed a serious crime.
What are "exigent circumstances"?
Officers may frisk a suspect during a Terry stop if they have reason to believe the person is this.
What is armed and dangerous?
This exception to the exclusionary rule allows illegally obtained evidence to be admitted at trial if the evidence would certainly have been found without any constitutional or statutory violation.
What is inevitable discovery?
This is a criminal charge filed with the court that commences a criminal case without a grand jury indictment.
What is an Information?
This is the area immediately surrounding a home, with similar 4th Amendment protections as the home itself.
What is curtilage?
According to Maryland v. Buie, officers may conduct a protective sweep if they have (this) that the area harbors an individual posing a danger.
What is reasonable suspicion?
This allows warrantless searches of vehicles when police have probable cause.
What is the "automobile exception"?
This exception allows evidence when the connection to the illegality is sufficiently remote or interrupted.
What is "attenuation"?
The "non-originalist" view of substantive due process asks whether government behavior does this to the conscience.
What is "shocks the conscience"?
The physical intrusion onto constitutionally protected areas to obtain information constitutes a search under this test.
What is the trespass test.
Under Illinois v. Rodriguez, a third party may consent to a search if police reasonably believe the third party has this.
What is "that the person has actual or apparent authority to consent"?
If an officer has probable cause that a traffic violation has occurred, they have grounds for the stop, regardless of the officer's (this).
What is subjective intent/true motive?
When officers act in objectively reasonable reliance on a defective warrant, this exception applies.
What is the "good faith exception"?
This statute allows people to sue state officials for violating constitutional rights while acting under color of law.
What is 42 U.S.C. ยง 1983?
These are the two prongs for the Katz test.
What are the "subjective expectation of privacy" and whether society recognizes it as reasonable?
This case held that violation of the knock-and-announce rule does not require suppression under the exclusionary rule.
What is Hudson v. Michigan?
This case restricted vehicle searches incident to arrest, allowing them only if the arrestee is within reach of the vehicle or if officers reasonably believe the car contains evidence of the offense.
What is Arizona v. Gant?
The Supreme Court has emphasized that the exclusionary rule is not a constitutional right, but rather this type of rule.
What is a prophylactic rule?
This type of motion allows a defendant to challenge the validity of a search warrant by showing that it contained false statements made knowingly, intentionally, or with reckless disregard for the truth.
What is a Franks motion?