sticky-redFourth Amendment:no searches or seizures without a warrant
HOWEVER there are a few exceptions
text
sticky-blueReasonable Suspicion:
sticky-yellowProbable Cause:
Probable cause exists when the facts and circumstances within an officer’s knowledge would lead a reasonable person to believe that a crime has been committed (for an arrest) or that evidence of a crime is present in a specific location (for a search).
sticky-yellowJustification for law enforcement entry into Trevor Case's house:
believed an emergency COULD BE occurring (Case's suicide)
HOWEVER some expressed the belief that he was attempting "suicide by cop" and was awaiting their entry rather than harming himself
sticky-blueCourt has a trend of favoring 4th amendment rights, especially of people in their own home
sticky-yellowBrigham City v. Stuart (2006)
- Case in which law enforcement entered a house, believing a fight was going on, justified by the emergency aid exception
- However the court ruled against them in this case, saying emergency aid did not justify. Main argument of respondent was that if you justify this case, it means officers can basically do anything under the emergency aid exception, and 4th amendment rights become virtually meaningless.
Current justices who voted on this-Clarence Thomas, John Roberts, Samuel Alito
It was a unanimous decision against the officers
sticky-blueEmergency-aid exception: an exception to the Fourth Amendment allowing unwarranted searches and seizures in the case that people are in immediate danger/there is an emergency
sticky-redMincey v. Arizona (1978)
- Case in which an undercover officer was killed while dealing with a drug dealer, whose apartment was subsequently searched and he was questioned while in the hospital.
- Court ruled that these searches were unconstitutional, 8-1
There are no current justices who voted on this.