4th Amendment

Question 1

Who is restrained by the Fourth Amendment?

Answer 1

1. Federal Government Actor
2. State and Local Government Actor

Question 1

What is the Fourth Amendment?

Answer 1

Provides that people should be free in their persons from unreasonable searches and seizures

Question 2

Who is NOT restrained by the 4th Amendment? What is the exception?

Answer 2

Private Actors are NOT restrained

Exception: if government actors instigate or participate in the search with Private Actor (ex: police ask landlord to do search of an apartment for them)

Question 3

Probable Cause Requirement:

Answer 3

Exists where the facts known to the law enforcement are such that a reasonable person be justified in the belief that an offense has been or is being committed by the person to be arrested

Question 4

Use of Informants under the Spinelli/Aguilar Test: (Pre-Test)

Answer 4

1. Basis of knowledge: where the informant gets his information
2. Veracity: credibility of the informant and reliability of the evidence

Question 5

Use of Informants under the Gates Test: (Current Test)

Answer 5

Based on the Totality of the Circumstances

So long as the magistrate can find that, based on the informant’s information and all other facts, there is probable cause to issue the warrant