Key Supreme Court Cases on the Fourth Amendment

What was the main issue in Katz v. United States (1967)?

Whether the Fourth Amendment requires police to obtain a search warrant to wiretap a public pay phone.

What was the conclusion of Katz v. United States regarding Fourth Amendment protection?

Yes, Katz had protection under the Fourth Amendment as it protects 'people not places'.

What significant idea did Justice Harlan introduce in Katz v. United States?

The concept of reasonable expectation of privacy.

What technology was used by the Department of Interior agent in Kyllo v. United States?

A thermal imaging device.

What was the conclusion of Kyllo v. United States regarding the use of thermal imaging?

Yes, it constituted an unconstitutional search under the Fourth Amendment.

What did the court state about devices not in general public use in Kyllo v. United States?

Using such devices to explore details of the home that would previously have been unknowable without physical intrusion constitutes a search.

What was the main legal question in Carpenter v. United States (2018)?

Whether the warrantless search and seizure of cell phone records violates the Fourth Amendment.

What was the conclusion of Carpenter v. United States regarding cell-site location information?

Yes, the Fourth Amendment protects expectations of privacy and requires a warrant to access cell-site location information.

What does the Fourth Amendment prohibit?

Unreasonable searches and seizures.

What must warrants be supported by according to the Fourth Amendment?

Probable cause.

What must be specified in a search warrant?

The places of search.

What are some exceptions to the warrant requirement?

Searches incident to arrest and administrative searches justified by special needs.

What historical principle is associated with the Fourth Amendment?

Every man's house is his castle.

What landmark English cases influenced the Fourth Amendment?

Entick v. Carrington and Wilkes v. Wood.

What does the Fourth Amendment require for searches and seizures?

Probable cause and a particularized description of what is being searched.

What was the significance of Harris v. United States?

It upheld a reasonable warrantless search of a four-room apartment pursuant to an arrest.

What was the impact of Chimel v. California on the Fourth Amendment?

It emphasized the need for police to obtain judicial approval for searches and seizures whenever practicable.

What was the standard used by the court in the 1992 Fourth Amendment cases?

A reasonableness approach over warrants with narrow exceptions.

What did Olmstead v. United States determine about wiretapping?

It did not cover wiretapping because there was no physical invasion of the defendant's premises.

What was the significance of the Federal Communications Act in relation to wiretapping?

It limited government wiretapping.

What did Nardone v. United States address regarding the Fourth Amendment?

It established that the Fourth Amendment applies to electronic surveillance if there is a technical trespass.

What does wiretapping violate according to FCA section 605?

Wiretapping violates FCA section 605.

What is the Katz test related to?

The Katz test pertains to the reasonable expectation of privacy.

What premise regarding property interest has been discredited in relation to government searches?

The premise that property interest controls the right of the government to search and seize has been discredited.

What does the Fourth Amendment protect regarding privacy?

The Fourth Amendment protects privacy, not property.

What determines if an area is protected from government intrusion?

It depends on whether there is a reasonable expectation of freedom from government intrusion.

What was the significance of Kyllo v. US?

Kyllo v. US invalidated the warrantless use of thermal imaging devices at a private home.

What does the Fourth Amendment secure against?

The Fourth Amendment secures the privacy of life against arbitrary power.

What is the balancing act in assessing law enforcement techniques?

It involves assessing the nature of a practice and its impact on individual security against its utility for law enforcement.

What is the two-tiered scale regarding the Fourth Amendment?

It determines whether the Fourth Amendment protects an interest, requiring a warrant if it does, subject to narrowly defined exceptions.

What did Berger v. New York establish about wiretapping?

Berger v. New York established that wiretapping is a search and seizure under the Fourth Amendment.

What must be shown for a warrant to be valid in search and seizure?

There must be a showing of probable cause, and the warrant must particularly describe the place to be searched and the persons or things to be seized.

What was the ruling in US v. Jones regarding GPS tracking?

The court ruled that attaching a GPS to a car was a search that violated rights.

What did Carpenter v. US determine about government action?

Carpenter v. US determined that government action violates an individual's reasonable expectation of privacy in their physical movements.

What does the Open Fields Doctrine state?

The Open Fields Doctrine states that the Fourth Amendment does not protect open fields.

What was established in Hester v. US regarding police searches?

Hester v. US established that police could search pastures, wooded areas, open water, and vacant lots without warrants and probable cause.

What exception did Oliver v. US create regarding open fields?

Oliver v. US created an exception for fields that are fenced or posted.

What was the significance of Camara v. Municipal Court?

Camara v. Municipal Court established that administrative inspections require warrants if the occupant objects.

What did Marshall v. Barlow's Inc. rule about OSHA inspections?

Marshall v. Barlow's Inc. ruled that the OSHA provision allowing federal inspectors to search work areas without a warrant was unconstitutional.

What case chipped away at the administrative inspection requirements?

Donovan v. chipped away at the administrative inspection requirements.

What are the regulatory purposes served by warrantless searches?

Warrantless searches serve regulatory purposes in industries with a history of government oversight where no reasonable expectation of privacy exists, such as liquor sales, firearms dealing, mining, and automobile junkyards.

What is the three-pronged test for warrantless searches?

1. There must be a substantial government interest informing the regulatory scheme. 2. The warrantless inspection must be necessary to further the government's purpose. 3. The inspection program must provide a constitutionally adequate substitute for a warrant.

What was the significance of Cady v. Dombrowski?

The case established that police can engage in community caretaking functions that are separate from the detection or investigation of criminal violations.

What did Gouled v. US determine regarding property subject to seizure?

It limited property subject to seizure to contraband and the instruments or fruits of a crime.

What precedent did Warden v. Hayden set regarding warrantless searches?

It allowed evidential items to be obtained without a warrant when the special needs of the government are demonstrated, as long as the items seized are not testimonial in nature.

What was the ruling in Boyd v. US regarding seizures of items?

The court ruled that seizures of items to be used only as evidence were impermissible.

What is required for a warrantless search to be justified under probable cause?

If police conduct a warrantless search, they must have probable cause, considering the totality of the circumstances leading up to the arrest.

What case began the line of cases related to probable cause?

Draper v. US, where an informant provided police with information about an individual involved with narcotics.

What did Jones v. US establish about affidavits for probable cause?

The affidavit must demonstrate the reliability of the informer and provide sufficient detail indicating that the tip was based on personal observation.

What two types of basis must be presented according to Aguilar v. Texas?

1. Circumstances from which the informant concluded that evidence was present. 2. Information that allows the magistrate to assess the informant's trustworthiness.

What was the outcome of Spinelli v. US regarding informants?

It reinforced the need for both reliability and basis for knowledge in evaluating informants.

What did Illinois v. Gates return to in terms of evaluating informants?

It returned to the totality test, treating informants' reliability and basis for knowledge as independent requirements.

What is the probable cause doctrine as established in US v. Ventresca?

Belief based on personal observations and a substantial amount of supporting evidence is sufficient for probable cause.

What are the standards for probable cause in non-traditional contexts?

When material may be protected under the First Amendment, the government must observe more exacting standards, as seen in Marcus v. Search Warrant.

What does Stanford v. Texas state about warrants?

Warrants must particularly describe the things to be seized.

What is the purpose of the warrant requirement?

It places the judgment of an independent magistrate between law enforcement and the privacy of citizens, limiting invasions to the person, place, and evidence sought.

What is the role of a neutral and detached magistrate in the warrant process?

To ensure protections for citizens and determine whether probable cause exists.

What is the judicial construct of the probable cause requirement?

The applicant for a warrant must present facts sufficient for the magistrate to determine whether reasonable grounds exist for the search.

What is the particularity requirement in warrant execution?

Nothing should be left to the discretion of the officer executing the warrant, limiting the scope of the search.

What is the Knock and Announce Rule?

Officers must give notice of their presence before entering, as established in Ker v. California and Wilson v. Arkansas.

What are the exceptions to the warrant requirement?

1. Consent Searches: Consent can waive the right against searches. 2. Exigent Circumstances: Situations that make a warrantless search objectively reasonable due to emergencies.

What is the significance of the Search Incident to Arrest Doctrine?

It addresses the scope of searches conducted post-arrest, requiring additional justification and embracing categorical evaluations.

What must police obtain before searching a cell phone incident to an arrest?

A warrant.

What was the significance of Birchfield v North Dakota?

It determined that breathalyzers and blood tests are unreasonable under the search incident to arrest exception to the warrant requirement, weighing privacy interests against state interests.

What does Chimel v California establish regarding searches during an arrest?

It allows officers to search the person arrested to remove weapons and seize evidence within the arrestee's immediate control.

What does the protective sweep allow officers to do?

It permits officers to search areas to alleviate threats posed by the arrestee.

What does Belton allow regarding vehicle searches?

It allows searches of a vehicle incident to the arrest of an occupant if the arrestee is within reaching distance of the passenger compartment at the time of the search.

What was the holding in Carroll v US regarding vehicle searches?

Vehicles may be searched without warrants, but initially limited to prevent warrantless seizure of parked automobiles solely because they are movable.

What are alternatives to the exclusionary rule for illegal searches?

Criminal actions against police, civil remedies, and tort actions for illegal arrests.

What is the significance of Boyd v US in relation to the exclusionary rule?

It likened the compulsory production of business papers to search and seizure, analogizing the Fifth Amendment to the Fourth Amendment.

What did the court decide in Weeks v US regarding warrantless searches?

The court held that evidence obtained from warrantless searches should be excluded.

What fundamental right was established in Wolf v Colorado?

Freedom from unreasonable searches and seizures as a fundamental right protected under the Due Process Clause.

What standard did Rochin establish regarding bodily content removal?

Illegally breaking in to remove bodily content is unconstitutional.

How did Mapp v Ohio impact the exclusionary rule?

It applied the exclusionary rule to the states, ensuring that standards of legality for searches were the same for state and federal authorities.

What is the purpose of the exclusionary rule?

To deter unlawful police conduct.

What did the court emphasize about the costs of enforcing the exclusionary rule?

The high costs of excluding reliable and trustworthy evidence, even with violations, were noted.

In what context is the exclusionary rule inapplicable?

In parole revocation hearings.

What does a violation of the knock-and-announce rule not require?

Suppression of the evidence gathered pursuant to a search.

What exception to the exclusionary rule was established in US v Leon?

It allows evidence obtained through an officer's good-faith reliance on a warrant later found defective.

What is the standard for qualified immunity for officers?

Officers are entitled to qualified immunity not based on their subjective intent.

What does the exclusionary rule tie to in Mapp v Ohio?

The Fourth Amendment.

What is the Rochin standard in later cases?

It remains a standard for determining the constitutionality of certain searches.

What was the outcome of Irvine v California regarding the Rochin standard?

It limited the application of the Rochin standard.

What must be established to challenge the legality of a search under the standing principle?

One must allege that they were the victim of an invasion of privacy.

In Jones v US, what was held regarding standing to challenge a search/seizure?

A person could establish standing if they were legitimately on the premises as a guest or invitee of the owner.

What must a person assert to challenge a search according to Rakas v IL?

A personal interest protected by the Fourth Amendment.

What is the Good Faith Exception to the Exclusionary Rule?

It permits the use of evidence if there is a causal link between the misconduct and the discovery of the evidence.

Which cases are associated with the Good Faith Exception?

Wong Sun v US, Segura v US, and Brown v IL.

What factors determine the attenuation of evidence from initial misconduct?

Temporal proximity between the two acts, presence of intervening circumstances, and the purpose and flagrancy of the official misconduct.

What does the Fourth Amendment protect?

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

What is the standard for probable cause?

Greater than 50% or more likely than not.

What is the significance of the place to be searched in relation to the Fourth Amendment?

It must be written, and general warrants are not permitted.

What is the Exclusionary Rule?

Any evidence found while violating the Fourth Amendment cannot be used in court.

What are some exceptions to the warrant requirement under the Fourth Amendment?

Incident to arrest, loss of evidence, consent searches, safety searches, plain view, and exigent circumstances.

What is the difference between the warrant requirement and reasonableness standards?

The warrant requirement demands a specific warrant, while reasonableness standards allow for certain exceptions to warrantless searches.

What does the Fourth Amendment protect regarding government intrusion?

It protects both property and privacy interests.

What is the role of civil liberties in the context of the Fourth Amendment?

They protect individuals' expectations of privacy against police search or seizure.

What is the conservative perspective on the government's interest in searches?

The government has a social welfare interest in searching individuals.

What is required for a search or seizure to be considered reasonable?

It must align with the expectations of privacy and the legal standards established.

What is the implication of the phrase 'secure in their persons'?

It emphasizes the right to privacy and protection against non-consensual searches.