Rights and Liberties (4th Amendment) Flashcards
Search
Government action to examine, inspect, or investigate a person, place, or thing, typically to find evidence of a crime.
Seizure
Government confiscation or taking possession of property or persons, often as part of law enforcement activities.
Warrant
Court-issued authorization allowing law enforcement to conduct a search or seizure based on probable cause.
Probable Cause
Reasonable belief that a crime has been committed or that evidence of a crime exists, justifying a search or seizure.
Exclusionary Rule
Legal principle that prohibits the use of illegally obtained evidence in court proceedings.
Surveillance
Systematic observation or monitoring of individuals, places, or activities, often by government authorities
“Stop and Frisk”
Police practice of stopping and questioning individuals on the street and, if deemed necessary, conducting a frisk for weapons.
War on Terror
Ongoing global efforts to combat terrorism, involving military, intelligence, and law enforcement actions.
USA Patriot Act (2001)
Legislation passed after the 9/11 attacks, expanding the government’s surveillance powers in the name of national security.
Third Party Doctrine
Legal principle asserting that individuals lose their expectation of privacy when they voluntarily share information with third parties, such as phone companies or internet service providers.
Mapp v. Ohio (1961)
Established the exclusionary rule, making evidence obtained through illegal searches and seizures inadmissible in state courts.
Katz v. United States (1967)
Expanded the Fourth Amendment protection to include wiretapping and electronic surveillance, introducing the concept of a “reasonable expectation of privacy.”
Terry v. Ohio (1968)
Introduced the “stop and frisk” exception to the Fourth Amendment, allowing limited searches for weapons if an officer has reasonable suspicion of criminal activity.
Smith v. Maryland (1979)
Established the third-party doctrine, stating that individuals have no expectation of privacy regarding information they voluntarily share with third parties, such as phone records.
New Jersey v. T.L.O. (1984)
Addressed the scope of searches conducted by school officials in the context of student discipline, applying a lower standard than traditional Fourth Amendment requirements for law enforcement.