Searches and Seizures

These flashcards cover key concepts and definitions related to the Fourth Amendment, searches and seizures, and relevant court cases.

Fourth Amendment

The right of the people to be secure against unreasonable searches and seizures and to have warrants issued only upon probable cause.

Probable Cause

A reasonable belief that a crime has been committed, which is necessary for obtaining a warrant.

Unreasonable Searches and Seizures

Searches and seizures that violate an individual's Fourth Amendment rights by being conducted without proper legal justification.

Writs of Assistance

Legal documents that allowed English monarchs to conduct searches without specific warrants, which contributed to the drafting of the Fourth Amendment.

Bill of Rights

The first ten amendments to the United States Constitution, including the Fourth Amendment.

Reasonable Expectation of Privacy Doctrine

A legal standard that protects individuals’ privacy in situations where a reasonable person would expect privacy.

Trespass Doctrine

A legal principle stating that physical intrusion into a constitutionally protected area qualifies as a search.

Private Search Reconstruction Doctrine

Limits police access to only what was discovered during a private search unless they obtain a warrant.

Third Party Doctrine

The principle that individuals have reduced privacy when sharing information with third parties.

False Friends

Individuals to whom one confides incriminating information, which can be revealed in a court without Fourth Amendment protections.

Essential Service Providers

Businesses such as banks and phone companies that may not guarantee privacy for personal information shared with them.

Seizures of Property

Defined as a meaningful interference with an individual's possession of property.

Katz v. U.S. (1966)

A landmark Supreme Court case that established that the Fourth Amendment protects people, not places.

Illinois v. Caballes (2005)

A Supreme Court case regarding the use of drug-sniffing dogs during traffic stops.

Kyllo v. United States (2001)

Supreme Court case ruling that thermal imaging technology used to monitor a home constituted a search under the Fourth Amendment.

United States v. Jones (2012)

Supreme Court case involving the use of GPS tracking on a vehicle, determining that it was a search under the Fourth Amendment.

Communications Service Providers

Companies that provide services such as internet, email, and social media, often handling sensitive user data.