The Fourth Amendment - In General Flashcards
The Fourth Amendment applies only to
government, not private, conduct.
When a private party acts at the direction of a government agent or pursuant to an official policy, any search conducted and evidence seized is
subject to Fourth Amendment scrutiny
Silver Platter Doctrine:
When a private party acting on his own acquires evidence that the government later seeks to introduce in a criminal prosecution, it doesn’t trigger fourth amendment
Arrest warrants are generally not required before arresting someone
in a public place when there is probable cause
The non-emergency arrest of an individual in his own home requires
an arrest warrant.
An arrest has occurred when…
A person is taken into custody for the purpose of commencing a criminal action, in the presence of a law enforcement officer, is not free to leave, and is thus deprived of his freedom of action in a significant way.
