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8 Cards in this Set
- Front
- Back
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The Fourth Amendment
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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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Exclusionary Rule
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provides that evidence obtained in violation of the Fourth Amendment is ordinarily inadmissible in a criminal trial.
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The Fruit of the Poisonous Tree Doctrine
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any evidence obtained as a result of an illegal search or seizure is tainted and inadmissible in a criminal trial.
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Two Requirements
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Police must generally obtain a search warrant in order to search areas in which the suspect has a reasonable expectation of privacy.
Warrant must be supported by probable cause. |
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Key to the fourth amendment and searches
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A warrant is only needed to search those areas in which a person has a reasonable expectation of privacy.
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Vernonia V. Actin
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Court upheld school district’s testing procedure by applying a balancing test.
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Balancing Test as applied to Vernonia V. Acton
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Weighed the student’s privacy interests against government’s need for testing.
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Privacy Interest Vernonia V. Acton
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Few activities more private than urinating.
Monitoring of the event is degrading and embarrassing. Chemical analysis of urine reveals much more than just drug use (pregnant, diabetic, epileptic…) Interferes with privacy right to control one’s own medical treatment. Regulates “off the field” conduct and thus violates a person’s privacy. |
