Opening Paragraph of Essay Flashcards

1
Q

Opening paragraph requirements

A

The Fourth Amendment guarantees the right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures. In order for the Fourth Amendment protections to apply,
there must be several factors present. First, there must be government action. (List applicable gov. actors). The Fourth Amendment is
applicable to the states through the 14th Amendment’s Due Process clause. In our problem because the
government actors were state actors in (X State). In addition, there must be either a search or seizure to trigger the Fourth Amendment’s
protections. Warrantless searches and seizures are per se unreasonable unless they fall within one of the well-
delineated exceptions to the warrant requirement. In addition, the remedy for a violation of the Fourth
Amendment is exclusion of the evidence unless an exception to the Exclusionary Rule applies.

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