Search and Seizure Procedures Flashcards

Under the Fourth Amendment, what is required before most searches and seizures can be conducted?

Answer: Probable cause supported by oath, typically in a warrant

The Fourth Amendment protects against unreasonable searches and seizures and generally requires a warrant based on probable cause to be valid.

What legal standard must be met to conduct a Terry stop (investigative detention)?

Answer: Reasonable articulable suspicion

A Terry stop requires reasonable articulable suspicion—specific, objective facts suggesting criminal activity—which is a lower standard than probable cause.

Which exception allows officers to search a vehicle without a warrant when there is probable cause to believe it contains evidence of a crime?

Answer: Automobile exception

The automobile exception permits warrantless vehicle searches when officers have probable cause, justified by the vehicle's mobility and reduced expectation of privacy.

When an officer sees contraband in plain view during a lawful stop, what must be true for seizure to be constitutional?

Answer: The incriminating nature of the item must be immediately apparent

Under the plain view doctrine, an officer may seize evidence without a warrant if they are lawfully present, the item is visible, and its incriminating nature is immediately apparent.

A person voluntarily allows an officer to search their home. This is an example of which warrant exception?

Answer: Consent search

Consent searches are valid when a person with authority voluntarily and intelligently agrees to the search without coercion.

What is the exclusionary rule?

Answer: Evidence obtained through unconstitutional searches is inadmissible in court

The exclusionary rule, established in Mapp v. Ohio, bars evidence obtained through Fourth Amendment violations from being used in criminal prosecutions.