CH. 3: Introduction to the Fourth Amendment

Seizure of a Person

A seizure of a person occurs when a police officer-by means of physical force or show of authority-intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she is not free to leave (Terry v. Ohio)

Seizure of Property

A seizure of property occurs when "there is some meaningful inference with an individual's possessory interest in that property." (United States v. Jacobsen)

Administrative Justification

A standard used to support certain regulatory and special needs searches. Created by the Supreme Court, it adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety.

Government Action

Action on the part of paid government officials, ususally police officers. Government action is one of two requirements (the other being infringement on one's reasonable expectation of privacy) that must be in place for a Fourth Amendment search to occur.

Justification

Also known as cause, justification is necessary for the police to engage in actions that trigger the Fourth Amendment. Examples of justification include probable cause and reasonable suspicion.

Reasonable Expectation of Privacy

An expectation of privacy that society (through the eyes of a judge) is prepared to accept as reasonable. For a search to occur, a reasonable expectation of privacy must be infringed upon by a government actor.

Open Field

Any unoccupied or undeveloped real property falling outside the curtilage of a home (Oliver v. United States)

Articulable Facts

Events that are witnessed and can be explained. Contrast articulable facts with hunches and guesses. Articulable facts are necessary for establishing probable cause.

Search

For Fourth Amendment purposes, a government action that infringes on one's reasonable expectation of privacy.

Reasonable Suspicion

Justification that falls below probable cause but above a hunch. Reasonable suspicion is Court-created justification; it is not mentioned in the Fourth Amendment. Reasonable suspicion is necessary for police to engage in stop-and-frisk activities.

Probable Clause

More than bare suspicion; it exists when "the facts and circumstances within (the officers;) knowledge and of which they (have) reasonably trustworthy information (are) sufficient to warrant a prudent man in believing that the (suspect) had committed or was committing an offense" ( Beck v. Ohio). In practical terms, more than 50 percent certainty. The comparable civil standard is preponderance of evidence.

Seizure

One of two government actions (the other being seizures) restricted by the Fourth Amendment. Seizures can be of persons or property.

Reasonableness Clause

The first part of the Fourth Amendment; "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."

Warrant Clause

The second part of the fourth amendment: "...and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Reasonableness

When evaluating questionable police action, it is first necessary to determine whether the Fourth Amendment applies. If it does, then we ask, "Did the police act in line with Fourth Amendment requirements?" This question is concerned with the reasonableness of the action in question.