4th Amendment Flashcards
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 cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Preponderance of the evidence is what degree of certainty?
+50%
The level of proof for guilt beyond a reasonable doubt is what?
95%
What is the Supreme Court Definition of Probable Cause verbatim?
Probable cause exists where “the facts and circumstances within [the arresting officers] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that” an offense hasbeen or is being committed.
Arrest without a warrant is not covered in where?
Bill of Rights first 10 amendments of the Constitution
Supreme Court Definition of Probable Cause
(Draper v. United States, 353 US 307, 1959). Probable cause exists where “the facts and circumstances within [the arresting officer’s] knowledge and of which they had reasonably trustworthy information[are] sufficient in themselves to warrant a man of reasonable caution in the belief that” an offense has been or is being committed.
Level of Proof Absolute Certainty
Degree of Certainty 100%
Required in Proceedings Not required in any legal proceeding . Does not exist
Level of Proof Guilt beyond reasonable doubt
Degree of Certainty 95%
Required in Proceedings To convict an accused: to prove every element of a criminal act.
Level of Proof Clear and convincing evidence
Degree of Certainty 80%
Required in Proceedings Denial of bail in some states and insanity defense in some states.
Level of proof Probable Cause and Search
Degree of Certainty + 50 %
Required in Proceedings issuance of a warrant: seizure and arrest without warrant: filing of an incident or information; citizen’s arrest
Level of proof Preponderance of the evidence
Degree of Certainty +50%
Required in Proceedings Winning a civil case; affirmative criminal defense.
Level of proof Reasonable Suspicion
Degree of Certainty 20%
Required in Proceedings Stop and Frisk by Police
Level of proof Suspicion
Degree of Certainty 10%
Required in Proceedings To start a police or grand jury investigation.
Level of proof Reasonable Doubt
Degree of Certainty 5%
Required in Proceedings To acquit an accused
Level of proof Hunch
Degree of Certainty 0%
Required in Proceedings Not sufficient in any legal proceedings
