Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards. What would you like to do?
what is the Fourth Amendment?
which police activities trigger its protections?
what justification is required for the police to engage in certain types of activities?
the fourth amendments protects against unreasonable seaches and seizures
, and dictates that no warrants
shall be issued, but for probable cause.
- can be of persons or property
- search - a government action that infringes on one's reasonable expectation of privacy
- consensual stop - non
- detention - reasonable suspicion
- arrest - probable cause
- right to grand jury, right to habeas corpusprotects against Double Jeopardy, cannot be compelled to witness against self,
cant be deprived of life, liberaty, property, without due process of law;
private property taken for public use must be fair compensation
speedy and public trial
informed of the nature and cause of the accusation
call witness in his favor and assistance of counsel
Latin: let the Decisions stand
use of precedence - similar case will have similar judgments
weather a person is guilty according to the law
Due process model vs Crime Control model
- Due process = Legal Guilt
- Crime Control = Factual Guilt (whether a person is guilty according to the law)
Describe the Federal Court System levels and the names of the different actors of the courts.
District Courts (first level)
US Court of appeals (2nd level - 12 circuits)
US Supreme Court
Describe the State Court System and the names of the different actors of the courts.
Court of Limited Jurisdiction (traffic tickets and other ordinances)
Court of General Jurisdiction (superior court used for general misdemeanors and felonies)
Intermediate Appellate Courts
State Supreme Court
what is the Bill of Rights?
The First 10 Amendments that places limitations on the powers of the federal government. (it doesn't limit the power of the states.)
the legal process for adjudicating claims that someone has violated criminal law.
it is established by the constitution,
as interpreted by the supreme court, and established by precedence
The Exclusionary Rule
obtained in violation
of the Constitution cannot be used
in a criminal trial to prove guilt
Weeks v United States
(1914) - established for federal court
- Mapp v. Ohio (1961) established for state court
- doesn't apply to administrative cases
Fruit of the Poisonous Tree
- an extension of the exclusionary rule. the poisonous tree is the initial unconstitutional search (excluded from the exclusionary rule)
- anything obtained from the tree is considered forbidden fruit and is not admissible at trial
- four main exceptions. The tainted evidence is admissible if:
- 1)it was discovered in part as a result of an independent, untainted source
- 2)it would inevitably have been discovered despite the tainted source
3)if the link between the original illegal act and the final discovery of evidence (the fruit) is too remote or tenuous
4)the search warrant
not based on probable cause was executed
by government agents in good faith
Mapp v. Ohio (1961)
Supreme Court - decided that the exclustionary rule applied to state courts
an exception to the fruit of the poisonous tree doctrine that permits the introduction of evidence if it would have been discovered anyways
The legally protectible stake or interest that an individual has in a dispute that entitles him to bring the controversy before the court to obtain judicial relief.
2nd part of the fourth amendment... No warrants shall issue, but upon probable cause, supported by Oath or affirmation...
Warrants need to particularities- describing the place to be searched, and the persons and things to be seized
the first part of the Fourth Amendment...
the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
Reasonable expectation of privacy
An Expectation of privacy that Society (through the eyes of a judge) is prepared to accept as reasonable.
for a search to occur, a reasonable expectation of privacy must be infringed upon a government actor
a standard used to support certain regulatory and special needs searches.
created by the Supreme Court, it adopts a balancing approach, weighing the privacy interest of individuals with the interests of the society in preserving public safety
Example: border checkpoints, searching of impounded vehicles, etc
any unoccupied or undeveloped real property falling outside the Curtilage of a home
No expectation of privacy
is the area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life
factors to distinguish between open fields and curtilage:
- 1) whether the area is included within a fence or another enclosure surrounding the home
- 2)the proximity of the area to the house
- 3)the nature of the use to which the land/property is being put
- 4) the steps taken by the resident to protect the area from observation
An order issued by a judge directing a law enforcement officer to search a particular location for evidence connected with a specific criminal offense
- The two biggest restrictions that apply to search warrants are
- time constraints, and the scope and manner of the search.
- The first time constraint restriction the courts have placed on
- search warrants are how long the police have to execute the warrant.
- The police have only a few days to execute a search, until the
- warrant becomes stale. the second time constraint the police have is
- the time of day the warrant can be conducted, typically the police
- can not execute the warrant between the hours of 10pm to 6am. lastly
- the police do not have unlimited time to search for evidence. Once
- the police find what they're looking for, the search is over, if the
- police can't find what they are looking for they can search until
- they leave. once the police leave, they must get another warrant if
- they wish to try to search again.
- The 2nd biggest restriction is the scope and manner of the search.
- The scope is where the police can look for evidence, and the manner
- is the physical steps the police can take to find the evidence that
- it is outlined in the search warrant. The scope is confined to places
- that the evidence could reasonably be hid, the example that we used
- in class, was a search for a grand piano wouldn't allow for the
- police to look in a closet or a drawer. The manner the police can
- search for the evidence doesn't allow them to maliciously break
- locks, doors and safes. In class our example was opening a safe or
- lock the police would ask first for the combo, but would break it
- open if it wasn't given to them or there was no other way to open it
an order issued by a judge directing a law enforcement officer to arrest an individual identified as one who has committed a specific criminal offense
Neutral and detached Magistrate
one of the three elements of a valid warrant - any judge who does not have a conflict of interest or pecuniary interest in the outcome of a particular case or decision
The 4th Amendment requirement that an arrest warrant name the person to be arrest (or provide a sufficiently detailed description_ and that a search warrant describe the place to be searched and the things to be seized
- Force that is likely to cause death or serious bodily harm
- Is authorized when the crime in question is a felony and when such force "creates no substantial risk to innocent persons" and the officer reasonably believes that there is a substantial risk that the fleeing felon will inflict harm on other people or police officers
Terry v. Ohio (1985)
Created an exception to the 4th amendments requirement that probable cause is required for searches by holding
Police offices can stop and frisk people based on reasonable suspicion
permits police to seize certain items in plain view
the act of taking an individual into custody for the purpose of charging the person with a criminal offense (or, in the case of a juvenile, a delinquent act)
Search incident to arrest
An exception to the Fourth Amendment's Warrant Requirement that allows officers to search a suspect following his or her arrest