Fourth, Fifth, and Sixth Amendment Rights

Flashcards reviewing constitutional rights, exceptions, legal definitions, and court doctrines under the Fourth, Fifth, and Sixth Amendments.

What four categories of items or interests are protected against unreasonable searches and seizures under the Fourth Amendment?

Persons, papers, houses, and effects.

Under the Fourth Amendment, what constitutes a search?

A search occurs when a government actor (typically a law enforcement officer, not a private citizen) infringes upon an individual's objectively reasonable expectation of privacy in their persons, papers, houses, or effects.

What constitutes a Fourth Amendment seizure of a person?

A seizure of a person occurs when a government actor intentionally terminates or restrains an individual's freedom to move by means of physical contact or a show of authority.

What constitutes a Fourth Amendment seizure of property?

A seizure of property occurs when a government actor meaningfully interferes with an individual's possessory interest in that property.

What are the baseline legal presumptions regarding the reasonableness of a search or seizure under the Fourth Amendment?

Searches and seizures are presumed reasonable when a government actor obtains a warrant signed by a judge, and presumed unreasonable when conducted without a warrant signed by a judge.

What five exceptions to the "unreasonable" presumption for warrantless searches and seizures are identified in the lecture?

Consent, Plain View, Automobiles ("Probable Cause"), Search Incident to a Lawful Arrest, and Stop & Frisk ("Reasonable Articulable Suspicion").

How is probable cause legally defined in the context of Fourth Amendment searches and seizures?

Facts and circumstances within the government actor's knowledge, based on reasonably trustworthy information, sufficient to warrant a person of reasonable caution in believing that evidence will be found or an offense has been committed (more likely than not under the totality of the circumstances).

What is reasonable articulable suspicion (RAS)?

A standard where facts and circumstances within a government actor's knowledge are sufficient to warrant a person of reasonable caution in the suspicion that an offense has been committed.

What action is a government actor authorized to take upon having reasonable articulable suspicion (RAS) regarding an alleged perpetrator?

The government actor may briefly stop the individual and pat them down for weapons, a procedure known as a Terry stop (derived from Terry v. Ohio).

Under what standards may an officer conduct a traffic stop and subsequent occupant pat-down?

An officer may initiate a traffic stop if they have reasonable articulable suspicion (RAS) that the driver is engaged in a violation of law, and they may pat down the occupant if they have RAS to believe the occupant is armed.

What is the Exclusionary Rule?

A rule mandating that if the government violates an individual's Fourth or Fifth Amendment rights, the evidence obtained from that constitutional violation cannot be used against them in court.

What legal phrase refers to evidence obtained as a direct result of a Fourth or Fifth Amendment violation?

"Fruit of the poisonous tree."

Does the Exclusionary Rule apply to evidence seized by a private citizen who violated someone's Fourth Amendment privacy rights?

No; although the private citizen may face civil tort liability or criminal charges, the evidence is not excluded in court because the Fourth Amendment and the Exclusionary Rule require government action.

What specific act is prohibited under the Fifth Amendment's self-incrimination clause?

Compelled self-incrimination.

Under the Fifth Amendment, what two conditions must exist simultaneously for compulsion to begin?

Custody (being arrested or not otherwise free to leave) and Interrogation (asking questions or engaging in conduct known or likely to elicit a response).

What does self-incrimination mean within the Fifth Amendment context?

Providing a truthful answer that could be used as evidence that you committed a crime or could lead authorities to evidence that you committed a crime.

What did the Supreme Court establish in Miranda v. Arizona (1966) regarding Fifth Amendment rights?

A person cannot waive their right not to be compelled as a witness against themselves if they do not know they have that right; therefore, officers must deliver Miranda warnings prior to custodial interrogation.

Why can a private individual not violate another person's Fifth Amendment rights?

A private person is not a government actor, and any compulsion by a private individual constitutes a crime or tort rather than a Fifth Amendment constitutional violation.

What entitlement is granted to an indigent defendant under the Sixth Amendment right to assistance of counsel?

If a defendant cannot afford an attorney in a criminal prosecution that carries the possibility of incarceration, a court-appointed attorney will be provided to represent them.

At what stage of criminal proceedings does the Sixth Amendment right to appointed counsel attach?

At the critical stages of a criminal case.

Which proceedings qualify as "critical stages" where a defendant is entitled to counsel under the Sixth Amendment?

Evidentiary and suppression hearings, post-indictment lineups and interrogations, and trial proceedings.

What proceedings do NOT qualify as critical stages under the Sixth Amendment right to counsel?

Pre-indictment investigative lineups, pre-indictment photo arrays, and post-trial post-conviction proceedings.

What agency provides public defender representation in the Commonwealth of Kentucky?

The Department of Public Advocacy (DPA) Office.

Is a defendant charged with any offense automatically entitled to a public defender?

No; the Sixth Amendment right to counsel applies only if the crime charged can lead to a jail sentence (e.g., there are no court-appointed attorneys for speeding tickets).

Does a defendant have the constitutional right to choose a different public defender if they are dissatisfied with the one appointed by the court?

No.

What restriction applies to government actors once a defendant is represented by appointed counsel?

Government actors may not communicate directly with the defendant; all communications must proceed through the defendant's attorney.

What standard of legal assistance is guaranteed to a defendant under the Sixth Amendment?

The defendant is entitled to effective assistance of counsel from a competent attorney, though not necessarily the best attorney.

Under what two conditions can a criminal conviction be overturned due to ineffective assistance of counsel?

1) Counsel's representation fell below an objective standard of reasonableness, and 2) Counsel's deficient performance prejudiced the defendant, resulting in a reasonable probability that the outcome would have been different.