The Fourth Amendment: Search, Seizure, and Privacy
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What fundamental protection does the Fourth Amendment provide?
It protects the people's right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."
According to the Fourth Amendment, upon what basis must a warrant be issued?
A warrant must be based on "probable cause," supported by an oath or affirmation.
What is "probable cause"?
A reasonable basis for believing that a crime has been committed, or that evidence of the crime can be found in the place to be searched. It is a higher standard than reasonable suspicion.
What two things must a warrant particularly describe?
The warrant must specify "the place to be searched, and the persons or things to be seized." This prevents general, open-ended searches.
What is the "Exclusionary Rule"?
A legal principle stating that evidence collected or analyzed in violation of a defendant's constitutional rights (e.g., via an illegal search) is sometimes inadmissible for a criminal prosecution in a court of law.
Which Supreme Court case applied the exclusionary rule to all state proceedings?
*Mapp v. Ohio* (1961).
What is the "plain view" doctrine, an exception to the warrant requirement?
This doctrine allows a police officer to seize evidence and contraband found in plain view during a lawful observation, without a warrant.
What is another common exception to the warrant requirement?
Consent. If a person with authority voluntarily consents to a search of their property, law enforcement does not need a warrant.
What are "exigent circumstances" in the context of the Fourth Amendment?
Emergency situations that justify a warrantless search to prevent evidence from being destroyed, to pursue a fleeing suspect, or to address an immediate threat of danger.
What is a "reasonable expectation of privacy"?
A key concept established in *Katz v. United States* (1967). The Fourth Amendment protects people, not just places, where they have a subjective expectation of privacy that society recognizes as reasonable.
How did *Riley v. California* (2014) apply the Fourth Amendment to modern technology?
The Supreme Court unanimously ruled that police generally must obtain a warrant to search the digital contents of a cellphone seized from a person who has been arrested.
What is a "Terry stop" or "stop and frisk"?
Based on *Terry v. Ohio* (1968), if police have a reasonable suspicion that a person has committed or is about to commit a crime, they can briefly detain and frisk them for weapons, even without probable cause for an arrest.
What is the primary check against government power in the Fourth Amendment?
The warrant requirement, which forces law enforcement to justify their search before a neutral judge or magistrate.
Does the Fourth Amendment apply to searches at the U.S. border?
No, not in the same way. Courts have recognized a "border search exception," allowing for routine searches and seizures at international borders and their functional equivalents (like international airports) without a warrant or probable cause.
