Amendment 4 search and seizure notes

What does Amendment 4 protect?

Protection against unreasonable searches and seizures.

Define 'unreasonable search.'

Searches without probable cause or a warrant.

True or false: A warrant is always needed.

False, because some circumstances allow for warrantless searches.

What is a warrant?

A legal document authorizing police to conduct a search.

Difference between search and seizure.

Search is examining a person or property; seizure is taking property.

Fill in the blank: Probable cause is needed to obtain a ___.

warrant.

What is 'exclusionary rule'?

Evidence obtained illegally cannot be used in court.

True or False: All searches require a warrant.

False, because there are exceptions.

What are 'exceptions' to the warrant requirement?

Consent, emergencies, and plain view are common exceptions.

Define 'plain view doctrine.'

Police can seize evidence without a warrant if it's visible.

Question: Can police search your phone?

Generally, police need a warrant to search phones.

What is 'stop and frisk'?

A brief, limited search based on reasonable suspicion.

What does 'reasonable expectation of privacy' mean?

A standard determining if privacy is protected under law.

True or False: You have no privacy in public.

True, because activities in public view have no expectation of privacy.

What is 'search incident to arrest'?

Police can search a person and immediate area after an arrest.

What is a 'consent search'?

A search conducted with the consent of the person.

Difference between civil and criminal cases.

Civil cases involve disputes between individuals; criminal cases involve laws.

What does Amendment 4 require for a warrant?

A warrant must be based on probable cause and describe the place to be searched.