Chapter 4 Flashcards
What amendmet ensures that the government does not conduct searches and seizures without proper justification?
4th amendment
The fourth amendment contains two basic clauses
1.
2.
- reasonableness clause
2. warrant clause
What proscribes unreasonable searches and seizures?
Reasonableness clause
What requires that no warrants shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searches, and the persons or things to be seized?
The warrant clause
Is there a specific definition of reasonableness?
NO
Searches, if conducted with a warrant are limited in terms of ____ and _____.
time and space
True or False. There is a fixed amount of time the police have to serve a warrant, and they cannot look anywhere they choose for the items of interest.
True
A search or seizure weather conducted with a warrant or not should be what?
as minimally intrusive as possible
The 4th amendment protects 1. 2. 3. 4. from unreasonable searches and seizures.
- persons
- houses
- papers
- effects
What describes individual people, whether they are citizens or not?
Persons
What refers to the individual as a whole, both internal and external? It also includes certain oral communications.
Person
Another fourth amendment term that is broadly constructed to include any structure a person can occupy on a temporary or long term basis is what?
House
Is a hotel room considered a house?
Yes
What includes all conceivable personal items?
Papers and effects
Business records, diaries, memos, and similar documents are considered what?
Papers
What refer to personal items such as containers, purses luggage, briefcases, cars, clothing, weapons, and any other tangible piece of property that a person possesses?
Effects
The only justification mentioned in the 4th amendment is what?
Probable Cause
- the presumed search is a product of government action
- the law enforcement activity in question infringes on an individuals “reasonable expectation of privacy”
These factors need to be considered in order to?
Search
The bill of rights are binding only on government actors not private citizens.
True
The inapplicability of the 4th amendment to searches and/or seizures conducted by private individuals was first recognized by the Supreme Court in what case?
Bureau v. McDowell
What case did the Supreme Court declare that searches by regulatory officials conducting health and safety inspections can be considered governmental actions ?
Camara v. Municipal Court
Federal agents used a listening device to hear Katz in a phone booth when he made incriminating statements. The police sought to have the statements used against him at trial. The Supreme Court reversed the lower court’s decision, holding that the fourth amendment “protects people, not places, “so its reach” cannot turn upon the presence or absence of a physical intrusion into any given enclosure.”
Katz v. United States
What court case declared that a person does not hav e treasonable expectation of privacy in phone numbers that he or she dials?
Smith v. Maryland
The Supreme Court declared that blood, urine, and breath analyses all amounted to searches because “they intrude upon expectations of privacy as to medical information”
Skinner v. Railway Labor Executives’ Association
What has been defined by the Supreme Court as the “area to which extends the intimate activity associated with the sanity of a man’s home and the privies of life”
Curtilage
What has been defined as any unoccupied or undeveloped real property outside the curtilage of a home?
Open Fields
What Supreme Court case noted that even “no trespassing” signs do not prove that an area is a setting for intimate activities, because these warnings do not always keep out intruder?
Oliver v. United States
In what Supreme Court case did the rule that naked-eye observation of a fenced-in backyard from a height of 1,000 feet could not be considered a search?
California v. Ciraolo 1986
In what Supreme Court case did they support their ruining in Ciraolo by holding that the fourth amendment did not apply when the police flew a helicopter at an altitude of 400 feet over a person’s partially covered greenhouse, which was found to contain marijuana ?
Florida v. Riley
What Supreme Court case did the Environmental Protection Agency hired an aerial photographer to take pictures of the defendant’s chemical plant.
Dow Chemical Co v. United States
What Supreme Court case did they decide on weather it was constitutional for federal agents to attach a “better” to a container and track it to a person’s residence?
United States V. Knotts
What includes everything from flashlights and police dogs to satellite photography and thermal imagery?
Enhancement Devices
What Supreme Court case held that the fourth amendment is violated when “the government uses a device without a warrant that is not in general use to explore details of a private home that would previously have been unknowable without physical intrusions?
Kyllo v. United States 2001
Do binoculars enhance the senses?
Yes
DO flashlights enhance the senses?
Yes
