Criminal Procedure Flashcards

Under the Fourth Amendment, a search warrant must be supported by:

Answer: Probable cause supported by oath or affirmation

The Fourth Amendment explicitly requires probable cause supported by oath or affirmation for issuance of a valid search warrant.

Under the 'good faith' exception established in United States v. Leon, illegally obtained evidence may still be admitted if:

Answer: The officer acted in reasonable reliance on a warrant later found defective

Leon's good faith exception permits admission of evidence when officers reasonably relied on a warrant they had no reason to believe was defective.

Under Katz v. United States, the Fourth Amendment protects:

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

Katz v. United States established the 'reasonable expectation of privacy' test, making the Fourth Amendment protect people rather than merely places or property.

The automobile exception to the Fourth Amendment's warrant requirement allows police to search a vehicle without a warrant when:

Answer: There is probable cause to believe the vehicle contains contraband or evidence of a crime

Under Carroll v. United States, the automobile exception applies when officers have probable cause to believe a vehicle contains contraband or evidence, given the vehicle's inherent mobility and reduced privacy expectations.

Under Terry v. Ohio, a brief investigatory stop and pat-down is constitutionally permissible when:

Answer: An officer has reasonable articulable suspicion of criminal activity and reason to believe the suspect is armed

Terry permits brief investigatory stops based on reasonable articulable suspicion of criminal activity, and a limited pat-down when officers reasonably believe the suspect may be armed and dangerous.

In Caniglia v. Strom (2021), the U.S. Supreme Court held that the 'community caretaking' doctrine:

Answer: Does not justify warrantless searches of a home

The Court unanimously held in Caniglia that the community caretaking exception developed in the automobile context does not extend to justify warrantless entries into the home.

The 'independent source' doctrine as an exception to the exclusionary rule allows admission of evidence when:

Answer: The government shows the evidence was discovered through an independent, untainted source apart from the illegality

The independent source doctrine permits admission of evidence actually obtained through a separate, lawful channel completely independent of the constitutional violation.