Fourth Amendment and Vocabulary
Supreme Court Cases
Searches
Warrantless Searches
U.S. Supreme Court Basics
100
This part of a case brief should include the question the court is being asked to consider
Issue
100
True or false: Officers need a warrant to search someone's backyard while flying in a plane at an altitude of 1,000 feet.
False
100
What two questions must a court ask when determining if a reasonable expectation of privacy exists?
Do I expect privacy in the area? Does society agree?
100
This exception to the warrant requirement requires police to be actively pursuing a suspect.
Hot pursuit
100
This is the number of justices on the U.S. Supreme Court
9
200
The definition of this word is facts or circumstances that would lead a reasonable person to conclude that a crime has been, is being, or will be committed.
Probable cause
200
True or false: Officers need a warrant to tap a phone in a public phone booth.
True
200
The Fourth Amendment only protects individuals from searches and seizures conducted by _____________ actors.
Government
200
This exception to the warrant requirement requires an individual to voluntarily permit an officer to conduct a search.
Consent
200
This word refers to the opinion written by more than half of the justices on the court.
Majority opinion
300
Under the Fourth Amendment, these two things are generally required to conduct a search.
Probable cause and a warrant
300
True or false: Officers need a warrant to use a thermal imaging device to gather information about relative heat sources in a home.
True
300
When evidence is deemed inadmissible in court because it was gathered illegally, we say the evidence must be suppressed as a result of this rule
Exclusionary rule
300
Police stop a car for speeding and while talking to the suspect see a plastic baggie of what appears to be marijuana on the front seat. What exception to the warrant requirement gives the police justification to search?
Plain view
300
When a judge or justice disagrees with the court's opinion, s/he may write this separate opinion to explain why they disagree.
Dissent
400
At the appellate level, this is the term that refers to the person who is appealing the case.
Petitioner
400
True or false: Officers need a warrant to search someone's trash, which is left in a black garbage bag near the sidewalk.
False
400
Police may stop a person briefly and give them a "pat down" or "stop and frisk" if they have this level of proof.
Reasonable suspicion
400
Under the automobile exception to the warrant requirement, when can police search a suspect's trunk?
Need probable cause to believe it contains something illegal
400
This term refers to the opinion written by a judge or justice who mostly agrees with the opinion of the court.
Concurrence
500
The Fourth Amendment protects individuals against unreasonable _____________ and _____________.
Searches and seizures
500
Name one argument made by the majority in California v. Greenwood.
(1) Anybody has access to one's garbage (2) Giving up trash to a 3rd party (garbage man)
500
Name one justification for why the automobile exception exists
(1) Prevent the destruction of evidence (2) Diminished expectation of privacy
500
Police can conduct a protective sweep of the premises during this type of search.
Incident to arrest
500
At the U.S. Supreme Court level, this is the number of justices who must vote in favor of a cert petition in order for it to be heard by the court.
Four