4A Basics
What four things does the 4th Amendment cover?
What is persons, houses, papers & effects?
An officer can seize an item without a warrant if he observes the object in _______.
What is plain view?
What case created the standard for searches in schools?
What is New Jersey v. T.L.O.?
Which is harder to meet: reasonable suspicion or probable cause?
What is probable cause?
The Appellant of the case in your Moot Court problem who won at the Court of Appeals
The School/School Board
The 4th Amendment requires law enforcement officers to get _________ from a judge to search your home.
What is a warrant?
_________ is a question of fact to be determined from the totality of the circumstances, which includes many factors viewed together.
What is voluntariness?
A school official cannot strip search a student without a specific suspicion that the student is hiding evidence in intimate places.
What is Safford v. Redding?
This requires looking at an officer's "totality of the circumstances" to determine if a "reasonable person" would believe an offense was committed.
What is probable cause?
The Appellee of your Moot Court case who won in the Trial/Lower Level Court
The Fourth Amendment is a right of the _____.
What is people?
A brief non-intrusive, warrent-less police stop and search of a suspect.
What is stop and frisk?
An officer may conduct a search of a cellphone found incident to arrest only for their own safety, to preserve evidence, or under "exigent circumstances."
What is Riley v. California?
What do school administrators need in order to justify a search?
What is reasonable suspicion?
SRO Davis allegedly had this when searching Jayme's phone
What is informed consent
Name one of the factors considered when determining voluntariness.
What is age of the accused, education, intelligence level, knowledge of rights, length of detention, nature of questioning, or physical abuse/punishment?
It excludes any evidence gathered by the government during an unlawful search or seizure.
What is the exclusionary rule?
Qualified immunity protects government officials from liability for civil damages unless their conduct violates clearly established constitutional rights of which a reasonable person would have known.
What is Jackson v. McCurry?
Explain the test used for determining if an "expectation of privacy" is reasonable.
Subjective: an individual's personal belief that their situation is private
Objective: society at large recognizes an expectation of privacy
Jayme missed out on this due to her suspension
What is a college tour
List the three requirements for a search warrant.
What is (1) probable cause, (2) supported by oath or affirmation, (3) particularly describing the place being searched or item being seized?
What is the person's body, clothes, and sometimes car? Police cannot search a person's cell phone based solely on an arrest.
The search of a cell phone's content is not needed to establish a violation of a school rule prohibiting cell phone use during class.
What is GC v. Owensboro Public Schools?
How is the reasonableness of a search determined?
What is asking (1) whether the search was justified at inception, and (2) whether the scope of the search was reasonably related to the circumstances leading to interference?
This was the name of the Instagram account that Jayme allegedly won
What is @midnight_truths_mlbrk