Fourth Amendment

Exclusionary Rule

A rule that forbids the introduction of illegally obtained evidence in a criminal trial.

Arrest Warrant

A warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.

Emergency Circumstances

An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence.

Good Faith

An exception to the exclusionary rule barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible.

Search Warrant

An order signed by a judge describing a specific place to be searched for specific items.

Plain View

Is the rule that allows a law enforcement officer to seize evidence of a crime, without obtaining a search warrant, when that evidence is in plain sight.

Hot Persuit- (also known as fresh or immediate pursuit)

Refers to the urgent and direct pursuit of a criminal suspect by law enforcement officers, or by belligerents under international rules of engagement for military forces.

New Jersey Vs TLO

Summary- In a New Jersey high school, a teacher found two girls smoking in the bathroom and took them to the principal's office. One girl admitted to smoking but the other, known as T.L.O., denied it. The principal demanded to see the girl's purse and found evidence that she was also selling marijuana at school. T.L.O. was taken to the police station where she admitted to selling marijuana. Based on her confession and the evidence in her purse, the state of New Jersey brought charges against her. In a juvenile court, T.L.O. argued that her Fourth Amendment rights against unreasonable searches and seizures had been violated. Importance- Ruled that New Jersey and the school had met a "reasonableness" standard for conducting such searches at school. The high court said school administrators don't need to have a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in school.

Terry Vs Ohio

Summary- The Petitioner, John W. Terry (the "Petitioner"), was stopped and searched by an officer after the officer observed the Petitioner seemingly casing a store for a potential robbery. The officer approached the Petitioner for questioning and decided to search him first. Importance- A search for weapons without probable cause for arrest is an unreasonable search under the Fourth Amendment to the United States Constitution ("Constitution")? Held that it is a reasonable search when an officer performs a quick seizure and a limited search for weapons on a person that the officer reasonably believes could be armed. A typical beat officer would be unduly burdened by being prohibited from searching individuals that the officer suspects to be armed.

Reasonable Expectations

The Fourth Amendment does not apply even against governmental action unless defendants first establish that they had a reasonable expectation of privacy in the place to be searched or the thing to be seized. The Supreme Court has explained that what "a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection ... " But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.

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, 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.