Section 4.1 Flashcards
Is any reasonable search allowed?
Yes
Can officers conducted an unreasonable search?
If they have a warrant
What is the most important 4th amendment case?
Katz Vs. United States 1967
Katz was a gambler who made calls to the person who took his bets. He went in front of his apartment to the phone booth that has closable doors. The FBI is watching Katz and they want to arrest him and charge him with gambling. How do they do this
They put a recording device in the phone booth.
Before Katz v US the Supreme Court had ruled that it is only a violation if you touch somebody’s person, house, papers, and effects. If you didn’t touch any of these things did the fourth amendment apply?
no
The officers put a recording device in the phone booth and Katz goes in and makes the call and the FBI is recording him. True or False
True
When Katz went in the phone booth he closed the door so when the trial happened he tried to do what?
Suppress the evidence
Because of Katz V. US the Supreme Court ruled that anytime a person should have a reasonable expectation of privacy the fourth amendment applies. True or False
True
Anytime someone has a reasonable expectation of privacy, police must have either a warrant or one of the exceptions to the warrant requirement. True or False
True
One of the things police officers need before they can get a warrant is?
Probable Cause
It is a level of proof that is above reasonable suspicion but not as high as beyond a reasonable doubt. What is this?
Probable cause
What the officer sees, what the officer hears, what the officer understands, what happened before, what is currently happening now, all of these things come together to give the officer what?
Probable Cause
Given the information available to the police officer at the time of the arrest, would that information cause a reasonable person to believe that a crime was committed?
The bast way to describe what?
Probable Cause
What do you need to be able to apply for a warrant?
probable cause
What do you need to make an arrest?
Probable Cause
If an officer is in a place that they are legally allowed to be and they are not trespassing. If they can see something from where they are and see that it is clearly contraband is this an unreasonable search?
No it is plain view
If the officer is walking down a public street and looks into someone’s window and sees something illegal. Is the fourth amendment applied?
No it is plain view
Plain view, touch, smell, and hearing can also be used in order to pick up something that is illegal they do not need a warrant because it is not an unreasonable search. True or False
True
A search is always reasonable if you have what?
A valid warrant
valid warrants must be signed by who?
Neutral Magistrate
The application according to the words of the fourth amendment must particularly describe what?
the places to be searched and the things to be seized
If the particular thing you are looking for is a motorcycle, can you look in the kitchen drawer?
No
When the officers say they are looking for a motorcycle they also say that the keys need to be seized in order to be able to look in more places under the warrant requirement. True or False
True
Do warrants have time limits?
Yes
Some warrants are more specific telling the time of day that the warrant can be executed. True or False
True
If the police can give a valid reason the judge can expand the amount of time when a warrant can be served. True or False
True
Police are legally required to walk up to the door, and do what?
Knock and announce and give people a reasonable time to respond
What is a reasonable amount of time for the knock and announce warrant ?
20-30 seconds
Are there exceptions to the knock and announce requirement?
Yes
Can police apply for a no knock warrant?
Yes
There is a lot of controversy over the no knock warrant and if it increases safety or decreases safety. True or False
True
