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4th Amendment Applications > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

Occurs when an expectation of privacy that society is prepared to consider reasonable is infringed.

A

Search

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2
Q

To whom does the 4th Amendment apply?

A

The 4th amendment is designed to protect the privacy of the individual from the government.

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3
Q

The principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.

A

The exclusionary rule

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4
Q

What factors do courts consider when determining if a private citizen acted on behalf of a government agent or pursuant?

A
  • The degree of government encouragement, knowledge of, and/or acquiescence in the private actor’s conduct.
  • The purpose underlying the private party’s action: Were they pursuing a government interest (the 4th applies) or were they promoting personal or business objectives (the 4th would not apply)?
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5
Q

Definition of the 4th Amendment

A

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.

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6
Q

Where does an individual have the greatest protection under the 4th Amendment?

A

In order from most protection to least:

  • Your own home
  • The curtilage of your home
  • Open fields and public areas
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7
Q

What case was the first to recognize privacy?

A

Semayne’s Case (1604)

  • Reported by Sir Edward Coke, t recognized that the king did not have unbridled authority and warrants began.
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8
Q

Give details about the knowledge prong of the Aguilar-Spinelli Test.

A
  • Set forth details from which it may be inferred that the informant has personal knowledge.
  • Corroboration of informant’s information.
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9
Q

A legal standard of proof in United States law that is less than probable cause. It is the legal standard for arrests and warrants, but more than an “inchoate and unparticularized suspicion or ‘hunch’”. It must be based on specific and articulatable facts, taken together with rational inferences from those facts and it must be associated with the specific individual.

A

Reasonable Suspicion

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10
Q

What did James Otis argue concerning Writs of Assistance in February 1761 and again in November 1961?

A
  • Bare suspicion should not be enough to support an applications for the writ.
  • Every writ should be carefully reviewed by an impartial third party.
  • Challenged writs for their lack of specificity.
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11
Q

The Aguilar-Spinelli test is referred to as a two-pronged test. What are the two prongs required for a magistrate to sign warrant?

A
  • Credibility prong - shows the informant is reliable and credible.
  • Knowledge prong - must include some of the underlying circumstances relied on by the person providing the information.
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12
Q

At what point does the determination of probable cause take place?

A

By a magistrate before the warrant is issued and further action is taken.

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13
Q

The assumption of risk analysis is applied to:

A
  • Financial info imparted to a bank.
  • Numbers dialed on phones
  • Voice messages where the sender and receiver are both aware that a third party is taking the message.
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14
Q

What is Sir Edward Coke’s quote about privacy?

A

“The house of every man is to him as his Castle and Fortress as well for defense against injury and violence, as for his repose.”

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15
Q

When may an officer make a warrantless arrest?

A

When the officer has probable cause to believe that a crime has been committed or is being committed in the officer’s presence. The officer’s credibility is always presumed.

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16
Q

When James Otis argued against Writs of Assistance which founding father was in the audience?

A

John Adams.

He stated that Otis inspired the revolution and the 4th Amendment.

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17
Q

Certiorari

A

The Supreme Court will hear the case.

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18
Q

How is totality of circumstances different from the Aguilar-Spinelli Test?

A
  • The Aguillar-Spinelli Test gives more privacy to defendants than totality of circumstances.
  • Aguillar-Spinelli requires the police to know the informant (no anonymous tips)
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19
Q

Give details about the credibility prong of the Aguilar-Spinelli Test.

A
  • Merely stating that “the informant is credible” isn’t enough to meet the standard for a warrant.
  • A basis for the conclusion must also be alleged.

* i.e. the informant has provided reliable info in the past.

* when the informant states that he/she purchased drugs from the premises (reliable, admission, personal knowledge)

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20
Q

Judicial guideline for evaluating the validity of a search warrant based on information provided by a confidential informant or an anonymous tip.

A

Aguilar-Spinelli Test

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21
Q

Written order issued by a court instructing a law enforcement official, such as a sheriff, to perform a certain task. It authorized government officials to look for contraband in private homes and businesses of colonists.

A

Writ of Assistance (like a warrant, used in England)

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22
Q

Olmsted v US

A

There was no searching. There was no seizure. the evidence was secured by the use of sense of hearing and that alone. No entry to house or trespass to land.

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23
Q

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.

A

4th Amendment (definition)

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24
Q

What changed after Katz v US?

A

Regardless of location, a conversation is considered protected form unreasonable search and seizure under the 4th if it is made with a reasonable expectation of privacy.

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25
Q

Give examples of physical attributes that are protected by the 4th Amendment.

A
  • Blood type
  • DNA
  • Saliva
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26
Q

What are the two ways an individual can have his/her 4tth amendment rights violated?

A

Arrests and Searches

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27
Q

Hoffa was charged with embezzlement when he confided to a friend that he had stolen fund from his union. He wanted the third party’s testimony to b e made inadmissible in court. What did the Supreme Court decide?

A

SC held that when a defendant makes a statement to a third party, the defendant assumes the risk of betrayal and disclosure.

28
Q

Give examples of physical attributes that are not protected by the 4th Amendment.

A
  • Voice exemplar
  • Fingerprints
  • Handwriting
29
Q

The standard by which persons acting under the color of law has the grounds to obtain a warrant for, or as an exception to the warrant requirements for, making an arrest or conducting a personal or property search, etc. when criminal charges are being considered. - Used to refer to the standard to which a grand jury believes that a crime has been committed in conjunction with a preponderance of the evidence.

A

Probable Cause

30
Q

What is a common law trespass?

A

Physical entry

31
Q

When was the 4th Amendment adopted?

A

1789

32
Q

From whose point of view is probably cause considered?

A

To determine whether an officer had probably cause to make an arrest, a court must examine the events leading up to the arrest and then decide whether those historical facts views from the stand point of an objectively reasonable police officer amount to probably cause.

33
Q

What were the problems with Writs of Assistance?

A
  • They were general warrants
  • Did not expire
  • Unlimited scope - Officials can search anywhere and anything.
34
Q

A crisis was happened in 1760. What was going on?

A

All writs expire 6 months after the death of the king and new writs would need to be obtained. King George died in October 1760, therefor, writs authorized by him would expire in April 1761. Shop owners rallied against new writs. This situation lead to James Otis arguing for reform.

35
Q

What are some examples of events that are not searches?

A
  • drug sniffing dogs in public
  • tracking of electrical devices (pagers) as long as it does not reveal information that could not be obtained through visual surveillance.
  • police use of flashlights
  • use of binoculars to examine interior of dwelling - visual inspection of interior of vehicle or home through an outside window
  • use of night vision goggles
  • computer surveillance of website addresses visited
36
Q

When does the 4th Amendment apply to a private party gathering information on another individual?

A

Where a private party acts at the direction of a government agent or pursuant to an official policy the search implicates the 4th Amendment.

Example: When an airline security employee searches a suspicious package. That is a private individual acting on government direction.

37
Q

Who can determine probable cause?

A
  • Police on the scene
  • A Grand Jury
  • A Magistrate
38
Q

A greater degree of one factor (prong) can overcome a factor (prong) that is lacking probable cause determination.

A

Totality of the Circumstances (Illinois v. Gates)

39
Q

When the police act without a warrant the police themselves make the initial probable cause determination, but that determination can be reviewed in court after the search. Under what circumstances does this happen?

A
  • In context or a motion to suppress
  • During a probable cause hearing
40
Q

What is required for a “stop and frisk”?

A

Reasonable Suspicion

41
Q

What is needed for a search or an arrest?

A

Probable Cause

42
Q

Which requires the State to defend its actions: Resonable Suspision or Probable Cause?

A

Probable Cause

43
Q

When is a person seized?

A

For police activity to constitute a seizure of the person there must be either:

  • The application of physical force, no matter how slight.
  • The submission to an officer’s “show of authority” to restrain the subject’s liberty.

(If an officer says “stop” and subject does not stop, no seizure has occured.)

44
Q

What are “Fruits of the Poisonous Tree”?

A

Evidence aquired during and illegal search.

45
Q

What is the rule for police stops?

A
  • An investigatory detention must be temporary and last no longer than neccessary to effecutate the purpose of the stop.
  • The investigative methods should be the least intrusive means available to verify or dispel the officer’s suspicions in a short period of time.
46
Q

In order to preform a frisk, an officer must have reasonable suspicion of what?

A

That the person is armed and dangerous.

47
Q

Can a police officer demand identification persuant to a Terry stop?

A

An officer can demand identification because it is a minimal intrusion on a suspect’s privacy and there is a legitimate need of an officer to quickly dispel suspicion than an indiviual is engaged in criminal activity.

Hiibel v. Nevada

48
Q

What was 4th ammendment privacy analyized as before 1967?

A

Common Law Trespass

(Changed with Katz)

49
Q

What is the rule for whether things seen from the air are covered under the 4th Amendment?

A

If it can be seen from a public airway it is not protected. If the government has to make special efforts to view it, it is likely protected.

50
Q

If the police physically enter an area, what has likely occurred?

A

A search.

51
Q

What is “totality of circumstances”?

A

It still takes into consideration the two prong test of Aguilar-Spinelli, but it one prong can overcome what is lacking in the other prong.

52
Q

Information used to determine if an officer had probable cause to make an arrest.

A

Historical Facts

53
Q

Involves a police officer stopping a driver for a traffic violation, minor or otherwise, to allow the officer to then investigate a separate and unrelated, suspected criminal offense.

A

Pretext stop

54
Q

What may be used as corroboration of an informant’s tip?

A

The reputation of the defendant among law enforcement.

55
Q

A warrant that is based on an affidavit that shows probable cause that evidence of a particular crime will be at a specified location at some time in the future.

A

Anticipatory warrant

56
Q

What are the circumstances considered in probably clause analysis?

A
  • Exchanging small objects for currency
  • Flight
  • Prescence in a high crime area
  • Staleness of the informaiton

At least two factors must be present.

57
Q

Reasonable suspicion for an investigative stop must:

A
  • Articulate facts that raise suspicion that the particular individual being stopped is engaged or about to engage in wrongdoing
  • Be based upon totality of circumstances
58
Q

Can an officer use a Terry stop to look for drugs?

A

No

59
Q

Explain when flight is considered probable cause.

A

Flight alone is not probable cause, but unprovoked flight in a high crime area is.

60
Q

If a resonable person does not feel free to leave, a seizure has occurred.

A

(just a point)

61
Q

How to tell if it is an arrest?

A
  • The longer the duration of the stop the more likely it has become an arrest.
  • Placing a suspect in handcuffs.
  • Restraining a person’s liberty in some way.
  • Not returning a person’s belongings before asking them to accompany the officers.
62
Q

The patdown of a car.

A

Protective Search

63
Q

When can an officer perform a warrantless search on a vehicle.

A

If during a vehicle stop officers have reasonable suspicion that a driver is armed and dangerous they may frisk the driver and search car compartments immediately within the driver’s control.

64
Q

Arizona v. Lemon had an impact on searching passengers in a vehicle. Whats the rule?

A

Police may conduct a patdown search of a passenger in an automobile that has been lawfully stopped for a minor traffic violation, provided the police reasonably suspect the passenger is armed anf dangerous.

65
Q

Is it considered reasonable ot detain a driver only to inspect their identification?

A

No. Under Terry, reasonable suspicion is needed to stop a person and ask for identification.

4th Amendment Applications (2 decks)

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