07 Rights of the Accused and Personal Privacy Free Online FlashCards

What does the Fourth Amendment protect?

The Fourth Amendment protects people, houses, papers, and effects against unreasonable searches and seizures.

What makes a search warrant constitutionally valid?

A warrant ordinarily must be based on probable cause, supported by oath or affirmation, and particularly identify the place, persons, or things involved.

What is a Fourth Amendment search?

A search occurs when the government intrudes on a constitutionally protected privacy or property interest.

What principle did Katz v. United States establish?

Under Katz, people—not merely physical places—receive Fourth Amendment protection when they have a reasonable expectation of privacy.

What justifies a Terry stop?

Reasonable suspicion requires specific, articulable facts suggesting that criminal activity is occurring, has occurred, or is about to occur.

What is the lawful purpose and scope of a Terry frisk?

A frisk is limited to an outer-clothing search for weapons when an officer reasonably suspects the person is armed and dangerous.

What did Riley v. California hold about cell phones?

Police generally need a warrant to search the digital contents of a cell phone seized from an arrested person.

What did Carpenter v. United States hold?

Carpenter held that obtaining historical cell-site location information is generally a Fourth Amendment search requiring a warrant.

What is the exclusionary rule?

The exclusionary rule generally prevents the government from using evidence obtained through an unconstitutional search or seizure in its criminal case.

What did Mapp v. Ohio establish?

Mapp v. Ohio applied the exclusionary rule to the states through the Fourteenth Amendment.

What does the privilege against self-incrimination protect?

The Fifth Amendment privilege protects against compelled testimonial communication, but generally does not bar valid collection of physical evidence such as fingerprints or blood samples.

When are Miranda warnings generally required?

Miranda warnings are generally required before custodial interrogation and include the rights to remain silent and consult an attorney, plus appointed counsel for those unable to afford one.