Search and Seizure Laws Flashcards

The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures. This amendment is part of which foundational document?

Answer: The Bill of Rights (first 10 amendments to the U.S. Constitution)

The Fourth Amendment is part of the Bill of Rights, which comprises the first ten amendments to the U.S. Constitution, ratified in 1791.

What legal standard must law enforcement meet to obtain a search warrant from a judge or magistrate?

Answer: Probable cause

The Fourth Amendment explicitly requires probable cause—a reasonable belief based on articulable facts that evidence of a crime will be found—before a warrant may be issued.

The exclusionary rule, established by the Supreme Court in Mapp v. Ohio (1961), holds that:

Answer: Evidence obtained through an unlawful search cannot be used against a defendant in court

Mapp v. Ohio applied the exclusionary rule to state courts, barring the use of evidence obtained in violation of the Fourth Amendment from being introduced at trial.

Which of the following situations generally does NOT require law enforcement to obtain a search warrant?

Answer: A search conducted with the free and voluntary consent of the person

Voluntary, knowing consent is a recognized exception to the warrant requirement; when a person freely agrees to a search, officers may proceed without a warrant.

Under the 'plain view' doctrine, a deputy may seize evidence without a warrant when:

Answer: The officer is lawfully present and the incriminating nature of the item is immediately apparent

Plain view requires that the officer be lawfully in the position to observe the item and that its incriminating character be immediately apparent, without further searching.

Terry v. Ohio (1968) established that a law enforcement officer may briefly detain a person for investigation based on:

Answer: Reasonable articulable suspicion of criminal activity

Terry v. Ohio held that a brief investigative stop (Terry stop) is lawful when an officer can articulate specific facts giving rise to reasonable suspicion of criminal activity.

During a lawful custodial arrest, a deputy sheriff may conduct a warrantless search of:

Answer: The person arrested and the area within their immediate control

A search incident to arrest is limited to the person of the arrestee and the area within their immediate reach, as established in Chimel v. California (1969).