CJ ST 484 Study Guide - Quiz Guide: Fourth Amendment To The United States Constitution, Intentional Tort, Exigent Circumstance
Document Summary
Required warrants (arrest, search and seizure) be issued by a neutral magistrate. Blood samples, handwriting exemplars not testimony so not protected. No criminal defendant can be compelled to take the witness stand and give evidence against enforced by the courts. Any reasonable grounds for making a search, pressing a charge. More than a mere hunch, less than actual knowledge. Court looks at the type and amount of probably cause the officer had at the time of the arrest. Requires that all evidence obtained in violation of the 4th amendment be excluded from government"s use in a criminal trial. Mapp v ohio: helped explain the admissibility of illegally seized evidence in the state courts. Tort: an injury inflicted on one person by another another lawsuits. Required exigent circumstances and that the officer possess probably cause. Simple: reasonable act performed w/o due care in the scope of employment.