Exam 2: 4th Amendment Flashcards
Amendment IV
- prevents unreasonable searches and seizures
- must have probable cause for a search warrant
what is the definition of searches?
When the govt. is LOOKING for illegal contraband.
What is the definition of seizures?
When the govt. TAKES POSSESSION of illegal contraband
What is the definition of a search warrant
a formal written approval by he court to conduct a search
what is the definition of probable cause
Belief/ Proof that a crime has been committed or will be committed
Officers must show __(1)__ when asking for a search warrant
- probable cause
What are some exceptions to a warrant?
(meaning in these circumstances a warrant is not necessary to search)
- if something illegal is in plain view of an officer. this has been extended to smell
- If the owner CONSENTS
- lack a reasonable expectation of privacy. if you are in public on government property, you can be searched (in jail, in a courthouse, TSA)
- in Exigent (extreme) Circumstances an emergency situation
- people/ things coming into the US
What court case justified its ruling based on the exclusionary rule?
Mapp v. Ohio
What is the background of Mapp v. Ohio?
There was a domestic terrorist on the loose, and the govt. believed he was hiding in Ms. Mapp home. Got a search warrant for her house. They go to her house and the terrorist isn’t there, but when they go in, and they find that she had pornography and illegal gambling strips. She gets arrested for having illegal contraband in her apartment.
What was the question asked during Mapp v. Ohio?
Whether the arrest violated her 1st amendment right, freedom of expression?
What did the supreme court do during the case of Mapp v. Ohio?
Got rid of the 1st amendment claim and said you have a violation of the 4th Amendment.
What was the ruling of Mapp v. Ohio
ruled that there was a 4th amendment violation
what is the exclusionary rule?
A search warrant must align with the contraband that is seized, if it doesn’t align then they can’t get arrested.
What is the Knock and Announce rule?
o When we have a warrant, the govt. must knock and announce that they are there.
o Must wait until they open the door
What was the ruling of Richard v. Wisconsin?
Ruled that officer can just go in for two different reasons. (1) they believe the suspect can get rid of the evidence while they wait. (2) if they believe that there is a serious danger.
