Constitutional Law & Civil Rights Flashcards

A private defense contractor requires employees to submit to bag inspections at the facility entrance. How does the Fourth Amendment generally apply?

Answer: It generally restricts only government actors, so a private employer's policy-based inspections rest on consent and state law

The Fourth Amendment constrains government action, so private employer searches are governed mainly by consent, policy, and state law.

Which three elements must a valid search warrant satisfy under the Fourth Amendment?

Answer: Probable cause, oath or affirmation, and particular description of place and items

The Fourth Amendment requires probable cause supported by oath or affirmation and a particular description of the place and things to be seized.

What is the exclusionary rule?

Answer: Evidence obtained through unconstitutional searches is generally inadmissible against the defendant in a criminal trial

Under Mapp v. Ohio, evidence obtained in violation of the Fourth Amendment is generally suppressed.

In Katz v. United States, the Supreme Court held that the Fourth Amendment protects:

Answer: People's reasonable expectations of privacy, not just places

Katz established the reasonable expectation of privacy test, extending protection beyond physical trespass.

Under the plain view doctrine, an officer may seize an item without a warrant if:

Answer: The officer is lawfully present and its incriminating nature is immediately apparent

Plain view requires lawful presence and immediately apparent incriminating character of the item.

A voluntary consent search is valid, but the person consenting generally:

Answer: Can limit or withdraw consent, and the scope is bounded by what was consented to

Consent must be voluntary and its scope can be limited or withdrawn by the person giving it.

In O'Connor v. Ortega, the Court addressed searches of a public employee's workplace and applied which standard?

Answer: Reasonableness under the circumstances, for work-related or investigatory searches

O'Connor held that work-related government employer searches are judged by reasonableness rather than a warrant and probable cause.