4th Amendment Flashcards
What does the acronym IRAC stand for?
Issue
Rule
Analysis
Conclusion
What is the language of the 4th Amendment?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable causes, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.
What is the remedy for violation of the fourth amendment ?
The exclusionary rule provides that evidence obtained in violation of of defendants forth amendment rights must be excluded from trial in local and federal court. (Mapp v Ohio)
What exactly does the forth amendment protect?
- The people
- Their person
- Houses
- Papers
- And effects
- From searches and seizures
What case provided the definition of a search
Katz v US
Discribe the balance act of the fourth amendment?
The fourth amendment represents a compromise between the need of government officials to gather evidence and the rights of citizens to be free from government intrusion.
Does the forth amendment provide in itself a remedy for violations.
No
If there is no search is there still a violation of forth amendment rights?
No
Which case made the exclusionary rule applicable in state courts?
Map vs Ohio
What is the exclusionary rule?
Evidence gathered by searches and seizures in violation of the Constituion is inadmissible in state court.
What is a search as defined by Katz v. US
Katz search occurs when government invades actual and reasonable expectations of privacy
What is the purpose of arrest inventory?
A. Inventory searches are reasonable to
- To protect the police
- To preserve evidence
- To protect the arrestee property and avoid lawsuit by arrestee claiming property was lost
Is a sniffing dog a search under the fourth amendment?
No technically a sniffing dog is not a search
What is a open field and is it protected by the fourth amendment
An open field is areas such as pastures, wooded lots, open water, this area is not protected under the fourth amendment and is open to police search
