focus in search an seizures

Question 1

The American courts have established that the primary interest protected by the Fourth Amendment

Answer 1

is that of personal privacy, rather than property rights.

Question 2

2 - For the Fourth Amendment to aapply what are the conditions ?

Answer 2

there must first be a “search” and a “seizure”, with a subsequent attempt to use what was seized in judicial proceedings.

Question 3

Whether an action by the police constitutes a “search” usually depends upon whether

Answer 3

the police have intruded upon premises or information in which a person has a “reasonable expectation of privacy”

Question 4

The Fourth Amendment prohibit what kind of searches and seizures ?

Answer 4

only those deemed to be “unreasonable”.

Question 5

A search and seizure is generally considered to be unreasonable

Answer 5

if conducted without a valid warrant.

Question 6

what are the exceptions to the general rule of search an seizures

Answer 6

1. Stop and frisk searches => if they have reasonable suspicion of criminal activity (Terry v Ohio, 1968).
2. Searches incident to a lawful arrest
3. Exigent circumstances
4. Plain view
5. Checkpoints
6. Consent

Question 7

what the officer must demonstrate to the judge in order to obtain a warrant ?

Answer 7

probable cause to believe that a crime had been committed or that evidence of criminal activity would be found in a search.

Question 8

What is a probable cause ?

Answer 8

Standard use by judge when deciding to grant a warrant or not to the police
(Highest standard and hardest to clean)

Question 9

What is a reasonable suspicion ?

Answer 9

Standard less protection use by the police before deciding to stop and frisk someone.