CRJU110 Study Guide - Midterm Guide: Random Checkpoint, Bin Bag, Exigent Circumstance

• School: University of Delaware
• Department: Criminal Justice
• Course: CRJU110
• Professor: Joseph Emma Jean

Document Summary

4th amendment - prohibition of unreasonable searches and seizures: reasonableness is the governing principle of the 4th amendment, balancing test. Court examines the level of government interest relative to the effectiveness of that interest. The greater the intrusion the greater justification the government needs: reasonable expectation of privacy. Greatest expectation of privacy in our homes (beyond reasonable) Held that officer needs arrest warrant if arrest is in their home. Trash bag case: found drugs in trash bag without warrant. 4th amendment did not apply to trash because of the location (beyond yard curb), exposed to public, which abandoned his possessive right. Seizures of the person 4th amendment: to seize means to get control and can get that control by. Show of authority demanding compliance and submission/obedience to that authority. Hodari claimed that when cop yelled stop there was no reasonable suspicion -> seizure was illegal evidence found as a result was inadmissible. Court ruled to define seizure as above ^