Fourth Amendment and Case Law

Flashcards covering key concepts, definitions, and case law related to the Fourth Amendment and its application.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

Requirements for Searches and Seizures

Searches and seizures must be reasonable, and warrants must be supported by probable cause.

Seizure

The use of force that constitutes a seizure under the Fourth Amendment.

Reasonableness of Seizures

Seizures must be reasonable.

Tennessee v. Garner

A case where the court decided that the use of deadly force was not reasonable, violating the Fourth Amendment.

Graham v. Connor

A case establishing that use of force must be objectively reasonable in view of all facts and circumstances from the perspective of a reasonable officer.

Excessive Force Claim

In Scott v. Harris, the plaintiff claimed that the officer violated the Fourth Amendment by using excessive force.

Court Decision in Scott v. Harris

The court held there was no violation of the 4th amendment because the suspect created the risk of harm by evading police.

18 USC 242

Federal statute addressing deprivation of rights under color of law, focusing on willful deprivation of constitutional rights.

Civil Liability Methods

Includes 18 USC 242, internal investigations, and Section 1983 actions among remedies for civil rights violations.