Fourth Amendment and Related Legal Concepts

Flashcards covering essential terms and concepts related to the Fourth Amendment and notable court cases impacting search and seizure laws.

Fourth Amendment

This the rule that say cops can’t be wildin’. They can’t search you or take your stuff unless they got a real reason and a warrant backed by probable cause.

Search

When cops nosy as hell and do somethin’ that steps on your privacy.

Seizure

When police stop you from movin’ how you wanna, or grab your stuff like it’s theirs.

Probable Cause

When cops got enough facts to say, “Yeah, a crime probably happened” or “Yeah, that evidence is in there.”

Reasonable Suspicion

When cops got lil’ facts to think you might be on some funny business. Not full proof, just a hunch backed by something real.

Warrant Requirements

Gotta have probable cause, swear it’s legit, and say exactly where they tryna look and what they want

Exclusionary Rule

If cops break the rules doin’ a search, the evidence is trash — can’t use it in court. (Mapp v. Ohio)

Fruit of the Poisonous Tree

If the first search was bogus, anything found after is bogus too.

Terry Stop

When cops stop you real quick off reasonable suspicion.

Terry Frisk

A quick pat down by police to check for weapons.

Stop Standard

Only reasonable suspicion is required for a stop.

Arrest Standard

Probable cause is required for making a lawful arrest.

Search Incident to Lawful Arrest

Once you arrested, cops can search you and anything right next to you that you can reach.

Plain View

If cops somewhere they allowed to be and see somethin’ illegal in plain sight, they can grab it.

Plain Feel

If they pat you down and instantly feel somethin’ illegal, they can take it. They can’t be rubbin’ on it to figure out what it is tho.

Automobile Exception

Police can search a vehicle without a warrant if they have probable cause.

Consent Search

If you say “yeah go ahead,” they don’t need no warrant. It just gotta be your real choice, not forced.

Exigent Circumstances

When it’s an emergency — somebody hurt, evidence gettin’ destroyed, suspect runnin’ — cops can skip the warrant.

Trash Searches

Once your trash out on the curb, it ain’t private no more. Cops can look through it.

Digital Searches (Cell Phones)

Police require a warrant to search digital devices like cell phones.

Terry v. Ohio

Facts:
A cop saw three dudes circlin’ a store lookin’ shady, thought they was plannin’ a robbery. He stopped them and patted Terry down, found a gun.

Issue:
Can cops stop and frisk someone without probable cause?

Holding:
Yeah — if they got reasonable suspicion.

Rationale:
The Court said cops need flexibility. A quick pat-down for weapons keeps everyone safe if the cop thinks you might be armed.

Mapp v. Ohio

Facts:
Cops busted into Mapp’s house without a warrant lookin’ for a suspect, found porn material instead and charged her.

Issue:
Can states use evidence found from an illegal search?

Holding:
No — illegal evidence gotta be thrown out.

Rationale:
The Court said the exclusionary rule applies to states too. If cops break the rules, the evidence is tainted and can’t be used.

US v. Leon

Facts:
Cops used a search warrant, but the judge messed up and the warrant wasn’t valid. The cops didn’t know and thought it was legit.

Issue:
Should evidence be tossed when cops rely on a bad warrant?

Holding:
No — evidence stays if cops acted in good faith.

Rationale:
The Court said the exclusionary rule is to stop police misconduct, not punish honest mistakes. If cops tried to follow the rules, the evidence stands.

Chimel v. California

Facts:
Cops arrested Chimel at home and searched his whole house without a warrant.

Issue:
How far can cops search during an arrest?

Holding:
Only the arrestee + their wingspan area.

Rationale:
Searching the whole house ain’t about safety or preserving evidence. Cops can only search what the person could reach.

US v. Robinson

Facts:
Robinson got arrested for drivin’ with a revoked license. Cops searched him fully and found drugs.

Issue:
Can cops do a full search after ANY lawful arrest?

Holding:
Yes — every time.

Rationale:
Once the arrest is legal, a full search is automatic. Cops don’t need extra suspicion.

Minnesota v. Dickerson

Facts:
Cops stopped a dude leaving a crack house and frisked him. The officer felt a lump and kept squeezin’ it until he figured out it was drugs.

Issue:
Can cops seize drugs felt during a frisk?

Holding:
Only if it’s immediately obvious. This one wasn’t.

Rationale:
The officer went beyond a weapon check and manipulated the object. That’s illegal — frisk is only for weapons.

Horton v. California

Facts:
Cops had a warrant for certain items but didn’t find them. Instead, they saw other illegal items in plain view and grabbed them.

Issue:
Does plain view require accidental discovery?

Holding:
Nah — it don’t gotta be accidental.

Rationale:
As long as cops are lawfully there and the item is clearly illegal, they can seize it, accident or not.

Carroll v. United States

Facts:
Cops believed bootleggers were movin’ alcohol in a car. They stopped the car without a warrant and found liquor.

Issue:
Can cops search a car without a warrant?

Holding:
Yes — if they got probable cause.

Rationale:
Cars move quick; waiting for a warrant risks losing evidence. Less privacy in vehicles.

California v. Acevedo

Facts:
Police saw Acevedo carrying a bag they suspected had weed, put it in a car, and drove off. Cops searched the bag without a warrant.

Issue:
Can cops search containers in a car without a warrant if they have probable cause?

Holding:
Yes — probable cause = full car or container search.

Rationale:
Supreme Court wanted one simple rule: Probable cause allows search of whichever part has the evidence.

US v. Drayton

Facts:
Cops boarded a bus lookin’ for drugs. They asked Drayton for consent to search him; he said yes. He wasn’t told he could refuse.

Issue:
Do cops gotta tell you that you can say no?

Holding:
No — they don’t.

Rationale:
Consent just gotta be voluntary. Cops don’t need to inform you of your rights in this situation.

Brigham City v. Stuart

Facts:
Cops saw people fightin’ inside a house and someone gettin’ hit. They went inside without a warrant.

Issue:
Can cops enter a home without a warrant to stop violence?

Holding:
Yes — emergency exception applies.

Rationale:
Protectin’ life beats warrant rules. Cops can act when someone could get hurt.

California v. Greenwood

Facts:
Cops went through Greenwood’s trash bags left on the curb and found drug evidence.

Issue:
Is trash outside protected by the Fourth Amendment?

Holding:
No — no expectation of privacy in trash outside.

Rationale:
Anybody (dogs, neighbors, strangers) could go through it. Cops don’t need a warrant.

Riley v. California

Facts:
Cops arrested Riley and searched his phone without a warrant.

Issue:
Can cops search your phone during an arrest without a warrant?

Holding:
No — they need a warrant.

Rationale:
Phones got way too much personal info. Privacy > convenience.

Good Faith Exception

If the police make a mistake while gathering evidence, but they honestly believed they were following the law, the court may still allow the evidence to be used. In other words, as long as the officers acted with honest intentions and not on purpose to break the rules, the evidence does not have to be thrown out. (US v. Leon)