Chapter 4 pt.1 Flashcards
Most courts have ruled that drug dog sniffs ______ violate the fourth amendment, but their use is restricted if the police do not have justification and if they are on or close to private property.
do not
- the nature of the activity they are designed to uncover
- the care taken to ensure privacy
These things are considered when deciding if the use of __________ enhancement devices constitutes a search.
sensory
What has a dual meaning?
Seizure
The fruits of the search are seized.
Seizure of persons.
Two types of seizures
What is the most common form of a seizure?
Arrest
Investigative stops, while not considered arrests, fall within the meaning of what?
Seizure
A person has _______ possession of a piece of property if the person is physically holding or grasping the property.
actual
_______ possession is possession of property without physical contact.
Constructive
A piece of property is seized within the meaning of the Fourth Amendment if the police remove it from a person’s actual or constructive possession, for example, if the police take a person’s luggage at an airport and move it into another room to be searched.
FACTS
The ______ of a person occurs when a police officer, by means of physical force or show of authority restrains an individuals liberty in such a manner that a reasonable person would believe that he or she is not free to leave.
Seizure
Does a seizure have to be physical for the fourth amendment to be implicated?
NO
What Supreme Court case states that “Not all personal intercourse between policeman and citizens involves ‘seizures’ of persons” , but a seizure does occur when the officer’s conduct in conjunction with the questioning would convince a reasonable person that he or she is not free to leave?
Terry v. Ohio
What Supreme Court case noted that when an officer chases a person, but does not lay hands on the suspect, a seizure does not occur until the point at which the suspect submits to police authority?
California v. Hodari D. 1991
The only justification mentioned in the fourth amendment is what?
probable cause
Three levels of justification in order from lowest to highest:
1.
2.
3.
- Probable Cause
- Reasonable Suspicion
- administrative justification
What means the same thing, regardless of the type of conduct the police engage in?
probable cause
What is defined in terms of objective reasonableness, what the average “person on the street” would believe, not what a person who has received special training would believe?
Prudent Man
Probable Cause exists when an officer has more than ____ certainty of guilt (for an arrest) or more than _____ certainty that the evidence will be found (for a search)
50%
___________ lies somewhere below absolute certainty and proof beyond a reasonable doubt and somewhere above a hunch or reasonable suspicion.
Probable Cause
- Arrests with warrants
- Arrests without warrants
- searches and seizures of property with warrants
- searches and seizures of property without warrants
What is required in all situations?
Probable cause
Who is someone who calls the police or contacts them and supplies them with information about a crime?
informant
What are the three varieties of informants?
- anonymous
- Confidentail
- “Known”
What Supreme Court case developed a two-pronged test that required police officers who apply for warrants based on information supplied to show: 1./ information to demonstrate how the informant knows what she/he knows and 2./ information to establish the credibility and reliability of the informant?
Aguilar v. Texas
What landmark case modified the Aguilar test?
Illinois v. Gates
What was the Aguilar test replaced with?
Tonality of circumstances
When a police officer pulls a motorist over for a traffic violation, probable cause is or is not required?
is not required
What established the standard of justification commonly known as “reasonable suspicion”?
Terry v. Ohio 1986
____________ falls somewhere below probable cause but above a hunch?
Reasonable Suspicion
What Supreme Court case defined reasonable suspicion as “considerably less than proof of wrongdoing by a preponderance of evidence,” but more than an unparticularized hunch?
United States v. Sokolow
What is not justification at all? Instead of searches being based on probable cause or reasonable suspicion, under certain circumstances, the courts permit select types of unjustified searches by weighing society’s safety interests and individuals’ interests in being free from unreasonable searches?
Administrative Justification
What was one of the first cases to recognize administrative justification?
Camara v. Municipal
Random drug tests for schools are constitutional as long as what?
They are not geared toward certain individual
Do highly regulated businesses have the same expectation of privacy as ordinary citizens?
no
Degree of Certainty: approximately 99%
Proof beyond a reasonable doubt
Degree of Certainty: above 50%
Probable cause/ preponderance of evidence
Degree of Certainty: Below 50% and above 0%
Reasonable Suspicion
Degree of Certainty: 0%
Hunch
