Chapter 12: Searches, Seizures, and Arrests

These flashcards cover key concepts and legal principles related to searches, seizures, and arrests as discussed in Chapter 12 of Daniel E. Hall's Criminal Law and Procedure.

What does the Fourth Amendment protect against?

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

What is the exclusionary rule?

A legal rule that prohibits the use of illegally obtained evidence in a court of law.

What case established that the Fourth Amendment protects people, not places?

Katz v. United States (1967).

What are the two parts of the test for determining a violation of the Fourth Amendment?

1) An individual must have a subjective expectation of privacy; 2) That expectation must be objectively reasonable.

In what case did the Supreme Court hold that GPS tracking can violate Fourth Amendment rights?

Jones v. United States (2012).

What constitutes probable cause?

The minimum amount of evidence necessary for a search, seizure, or arrest to be proper under the Fourth Amendment.

What is the standard for conviction in criminal law?

Beyond a reasonable doubt.

What must be included in a warrant application?

Probable cause that items sought will be found in the area searched, which must be described with particularity.

What is the 'knock and announce' rule when executing warrants?

Police must knock and announce their presence before entering a premises, unless there is reasonable suspicion that doing so would be dangerous.

What are searches incident to arrest?

Searches conducted after a lawful arrest that are limited to the area within the immediate control of the suspect.

What is a reason for detaining occupants during a search?

Safety concerns permit officers to detain occupants during a search as a measure to ensure safety.

What is meant by the term 'seizure of a person'?

Occurs when police interfere with a person’s possessory interests or reasonable expectation of privacy.

What are exigent circumstances?

Situations that allow law enforcement to enter private property without a warrant due to immediate risk or danger.

What is the Franks v. Delaware (1978) ruling about?

It allows a defendant to challenge a search warrant if false information was used to obtain it.