• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/7

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

7 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)
In what way did Katz v. United States change Fourth Amendment law?
The court held that the defendant was protected in a public telephone booth from a device which allowed officers to overhear and record his side of a conversation. The Katz test has two parts: the defendant must show both an actual (“subjective”) expectation of privacy and that the expectation is reasonable, that is, that it is one which society will honor.
What are the basic requirements for obtaining a search warrant?
The Fourth Amendment requires the existence of probable cause. Probable cause is the minimum amount of evidence necessary for a search warrant. When trustworthy facts within the officer's knowledge are sufficient in themselves to justify "a person of reasonable caution" in the believe that seizable property would be found or that the person to be arrested committed the crime in question. When making a propable cause decision an officer may rely on his own observations, hearsay evidence, and statements of witnesses, and other law enforcement officers.
What is the plain view doctrine?
The rule that if police officers see or come accross something while acting lawfully, that item may be used as evidence in a criminal trial even if the police did not have a search warrant.
If the cops are lawfully there and see something bad, it can be used against you in court.
What is the open fields doctrine?
The open fields around one's home are not protected by the Fourth Amendment, so officers are free to intrude upon such areas without a search warrant.
What is the curtilage doctrine?
The area directly around one's home is protected by the Fourth Amendment.
Distinguish a stop from an arrest.
An arrest is the deprivation of freedom from a legal authority. A stop is when a police officer accosts an individual and restrains his freedom to walk away. A stop does not require a warrant and is excluded from the Fourth Amendment because the intrusion on a person's privacy is limited. A frisk is the careful exploration of the outer surfaces of a person' clothing all over his body in attempt to find weapons. Probable cause is required for an arrest or a search. Only reasonable suspicion is required for a stop and frisk.
What is a protective sweep?
A brief and limited warrantless search of an arrestee's home, which is permitted if the defendent is arrested therein. The purpose is the to check the house for other persons who may pose a danger to the arresting officers