Fourth and Fifth Amendment Legal Principles and Cases

Fourth Amendment

Protects against unreasonable searches and seizures.

Probable Cause

Standard requiring greater than 50% certainty.

Exclusionary Rule

Evidence obtained violating Fourth cannot be used.

Warrant Requirement

Legal necessity to obtain a search warrant.

Reasonable Expectation of Privacy

Expectation that privacy is protected from intrusion.

Incident to Arrest

Search allowed without warrant during an arrest.

Consent Searches

Searches permitted if individual consents to them.

Plain View Doctrine

Allows seizure of evidence in plain sight.

Exigent Circumstances

Emergency situations allowing warrantless searches.

Katz v US

Established reasonable expectation of privacy standard.

Olmstead (1928)

Electronic surveillance not considered physical invasion.

Kyllo v US (2001)

Thermal imaging search requires a warrant.

Carpenter Case

GPS tracking without warrant is unconstitutional.

Terry v Ohio

Stop and frisk allowed under Fourth Amendment.

General Warrant

Non-specific warrant not allowed under Fourth Amendment.

Search Scope

Extent of search must be limited and justified.

Civil Liberties

Individual rights protecting against government intrusion.

Social Welfare Interest

Government's interest in public safety and order.

Expectation of Privacy

Varies by location, higher in homes.

Low Expectation of Privacy

Examples include public places and garbage.

Police Procedures

Government must follow strict protocols to search.

Search and Seizure

Legal terms for examining and taking property.

North Dakota Case

Involved refusal of blood alcohol test.

Field Sobriety Test

Assessment to determine driver's sobriety.

Misdemeanor Charge

Criminal charge for refusing chemical test.

Warrant Requirement

Probable cause needed for search warrants.

Warrantless Blood Tests

Not permitted under Fourth Amendment for DUI.

Warrantless Breath Tests

Allowed due to minimal privacy concerns.

Privacy Concerns

Blood tests pierce skin, raising privacy issues.

Government Interest

Preventing drunk driving justifies breath test refusal.

United States v. Leon

Established good faith exception to exclusionary rule.

Exclusionary Rule

Bars illegally seized evidence from trials.

Good Faith Exception

Allows evidence from mistakenly issued warrants.

Anonymous Tip

Basis for police surveillance in Leon case.

Probable Cause

Necessary for issuing search warrants.

Mapp v. Ohio

Case involving illegal search for fugitive.

Obscene Materials

Items confiscated in Mapp's illegal search.

Freedom of Expression

Mapp's appeal based on First Amendment rights.

Cost of Exclusionary Rule

Societal costs outweigh benefits of exclusion.

Police Conduct

Exclusionary rule aims to deter illegal actions.

Guilty Defendants

May escape punishment due to exclusionary rule.

Respect for Law

Erosion due to exclusionary rule's impact.

Exclusionary Rule

Evidence obtained illegally is inadmissible in court.

Kyllo Case

Established limits on thermal imaging searches.

Olmstead Case

Defined property rights over privacy rights.

Katz Case

Protects people, not places, under the Fourth Amendment.

US v Jones

Established reasonable expectation of privacy in vehicles.

Carpenter Case

Addressed privacy in cellsite location information.

Third-Party Doctrine

Information shared with companies has lower privacy expectation.

Search Warrant

Legal document authorizing police to conduct a search.

Reasonable Expectation of Privacy

Expectation that privacy will be respected in certain areas.

Unconstitutional Search

Search conducted without a warrant or probable cause.

Incident to Arrest

Allows search of person and immediate surroundings.

Terry v. Ohio

Established stop-and-frisk procedures under reasonable suspicion.

Special Use Device

Device not commonly available to the public.

Privacy Interests

Rights protecting personal information and movements.

Monitoring Movements

Tracking individual's location without consent or warrant.

Supreme Court Ruling

Final decision on legal interpretations of constitutional rights.

Cellsite Location

Data showing a person's location via cell phone.

Voluntarily Shared Information

Data given to third parties reduces privacy rights.

Search Definition

Legal interpretation of what constitutes a search.

Police Discretion

Authority of police to determine search necessity.

Stop and Frisk

Temporary police stop based on reasonable suspicion.

Reasonable Suspicion

Standard of 25% certainty for police stops.

Racial Profiling

Controversial practice based on race assumptions.

Seizures

Stops perceived as detaining individuals.

Reasonable Perception Standard

Belief of not being free to leave.

Pat Down

Less intrusive search for weapons.

Self-Incrimination

Right to avoid self-accusation in court.

Nemo Tenetur Seipsum Accusare

Maxim meaning no one must accuse themselves.

Coerced Confessions

Unreliable confessions excluded from trials.

Bram v US

Case establishing limits on confession admissibility.

Accusatorial System

Legal system focused on adversarial proceedings.

Griffin v. California

Prosecutors can't comment on defendant's silence.

Needless Encouragement Test

Evaluates pressure on defendants to testify.

Required Records Doctrine

Limits protection of documents from government.

Immunity Statutes

Laws preventing self-incrimination in testimony.

Counselman v. Hitchcock

Case invalidating certain immunity statutes.

Transactional Immunity

Complete protection for compelled testimony.

Use-Immunity Restriction

Limits use of compelled testimony against witness.

Kastigar v. United States

Upheld use-immunity statute for testimony.

Public Records

Documents owned by government, not protected.

Individual Interest in Harassment

Right to be free from police harassment.

Withdrawal of Government Benefits

Termination of financial assistance by the government.

United States v Sullivan

Court ruled bootlegger's tax return could reveal illegal acts.

Albertson v SACB

Struck down registration requirement for communist party members.

Custodial Interrogation

Questioning by law enforcement after arrest.

Bram v US

Expanded confession admissibility beyond common-law voluntariness.

McNabb v US

Confessions after unnecessary delay are inadmissible.

Chambers v Florida

Prolonged questioning rendered confession involuntary.

Ashcraft v Tennessee

Confession inadmissible after 36 hours of questioning.

Stein v New York

Balance pressure circumstances against confessing person's resistance.

Miranda and its Aftermath

Procedural safeguards required for custodial interrogation statements.

Withrow v Williams

Miranda protects fundamental rights during trial.

Miranda Warnings

Necessary when a person is in custody and interrogated.

Miranda Safeguards

Designed to protect suspects during custodial interrogations.

Miranda Requirements

Full warnings must be given before interrogation begins.

Edwards Rule

Bars police questioning after suspect invokes rights.

Miranda Exceptions

Suspects can waive rights if fully informed.

Public Safety Exception

Allows questioning without Miranda warnings for serious offenses.