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Questions and Answers
What must an officer demonstrate to justify a stop or search regarding an individual's reasonable expectation of privacy?
What must an officer demonstrate to justify a stop or search regarding an individual's reasonable expectation of privacy?
Which landmark case did Thurgood Marshall argue that helped invalidate the 'separate but equal' doctrine?
Which landmark case did Thurgood Marshall argue that helped invalidate the 'separate but equal' doctrine?
What did the Supreme Court's decision in the Terry v. Ohio case primarily address?
What did the Supreme Court's decision in the Terry v. Ohio case primarily address?
What role did Thurgood Marshall fulfill before his appointment to the Supreme Court?
What role did Thurgood Marshall fulfill before his appointment to the Supreme Court?
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What significant impact did Thurgood Marshall have on civil rights?
What significant impact did Thurgood Marshall have on civil rights?
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How did Thurgood Marshall's educational experience reflect the racial discrimination of his time?
How did Thurgood Marshall's educational experience reflect the racial discrimination of his time?
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What does the Fourth Amendment primarily protect against?
What does the Fourth Amendment primarily protect against?
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What is the primary focus of the Fourth Amendment in the context of police use of force?
What is the primary focus of the Fourth Amendment in the context of police use of force?
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Which case began to limit police use of deadly force against fleeing suspects?
Which case began to limit police use of deadly force against fleeing suspects?
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In what year did the United States Supreme Court rule that killing a fleeing suspect constitutes a seizure under the Fourth Amendment?
In what year did the United States Supreme Court rule that killing a fleeing suspect constitutes a seizure under the Fourth Amendment?
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What justification did officer Elton Hyman use for shooting Eugene Garner?
What justification did officer Elton Hyman use for shooting Eugene Garner?
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What did the US Circuit Court of Appeals for the Sixth Circuit conclude regarding the actions of police in the case?
What did the US Circuit Court of Appeals for the Sixth Circuit conclude regarding the actions of police in the case?
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What does the Eighth Amendment mainly protect?
What does the Eighth Amendment mainly protect?
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What was the primary argument made by Garner's father in the lawsuit?
What was the primary argument made by Garner's father in the lawsuit?
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How did the court view Tennessee's law concerning police use of force before 1985?
How did the court view Tennessee's law concerning police use of force before 1985?
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What was significant about the interpretation of the Eighth Amendment concerning excessive force by police?
What was significant about the interpretation of the Eighth Amendment concerning excessive force by police?
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What significant role did Thurgood Marshall play in American legal history?
What significant role did Thurgood Marshall play in American legal history?
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What is defined as probable cause in the context of law enforcement?
What is defined as probable cause in the context of law enforcement?
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In which situation is a warrantless search generally permissible?
In which situation is a warrantless search generally permissible?
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What happens if a judge determines that probable cause did not exist after an arrest?
What happens if a judge determines that probable cause did not exist after an arrest?
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What was the outcome of Terry v. Ohio regarding police stops?
What was the outcome of Terry v. Ohio regarding police stops?
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Which principle is upheld by the Fourth Amendment?
Which principle is upheld by the Fourth Amendment?
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Who was the first African American appointed to the United States Supreme Court?
Who was the first African American appointed to the United States Supreme Court?
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What must police provide to obtain an arrest warrant?
What must police provide to obtain an arrest warrant?
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What is the time frame within which a hearing must occur after a warrantless arrest?
What is the time frame within which a hearing must occur after a warrantless arrest?
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Study Notes
The Fourth Amendment
- The Fourth Amendment protects individuals from unreasonable searches and seizures.
- A police officer's stop of an individual is considered a seizure under the Fourth Amendment.
- The Supreme Court has held that police officers can conduct a brief investigatory stop of a person if they have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.
- Reasonable suspicion must be based on specific and articulable facts, not on a hunch.
- The facts must be such that a reasonable police officer in the same circumstances would believe that criminal activity is afoot and that the stop is necessary to investigate.
The Use of Force
- Police use of force is also subject to the Fourth Amendment.
- The Eighth Amendment applies to individuals who have been convicted of a crime and are being punished.
- The use of excessive force by a police officer constitutes an unreasonable seizure under the Fourth Amendment.
- Prior to 1985, police could use whatever force was necessary to capture a fleeing felon, including deadly force.
- In 1985, the Supreme Court ruled that police could only use deadly force if the suspect posed a threat to the safety of police officers or the community at large.
Key Cases
- Tennessee v. Garner (1985): Police officers are prohibited from using deadly force to prevent the escape of a fleeing suspect unless the suspect poses a significant threat of death or serious physical injury to the officers or others.
- Terry v. Ohio (1968): Police officers can stop and frisk a person if they have a reasonable suspicion that the person is armed and dangerous.
Thurgood Marshall
- Thurgood Marshall was the first African American Associate Justice of the Supreme Court.
- Marshall is known for his work in the civil rights movement and for his commitment to individual rights.
- He graduated from Howard University Law School as valedictorian in 1933.
- He was denied admission to the University of Maryland Law School because of his race.
Probable Cause
- Police officers can obtain a warrant to arrest a person or search a place if they have probable cause.
- Probable cause requires a belief that it is more likely than not that evidence of a crime will be found in a specific location or that a specific person is guilty of a crime.
- A judicial officer reviews applications for arrest and search warrants to determine if probable cause exists.
- If a judge determines there was no probable cause, an arrest or seizure is ruled unlawful and any evidence seized might be suppressed.
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Description
This quiz explores the protections offered by the Fourth Amendment regarding unreasonable searches and seizures. It also covers the implications of reasonable suspicion in police stops and the use of force under the amendment's guidelines. Test your knowledge on these critical legal principles!
