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32 Cards in this Set
- Front
- Back
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Attenuation
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An exception to the "fruits of a poisonous tree" doctrine. It comes into play when the link between the initial illegality and the evidence sought to be introduced has become so weak or tenuous that the "fruits" have become "untainted"
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Balancing Test
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Used in 4th Amend. adjudication, referring to the attempt of appellate courts to balance the needs of effective law enforcement against the privacy rights of individuals
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Bivens Suit
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A federal tort suit by a person against federal officers alleged to have violated the person's Fourth Amendment rights; created in Bivens v. Six Unknown Named Agents
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Contempt of Court
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An act calculated to embarrass, hinder, or obstruct a court in the administation of justice. A judge may punish contempt of court with a fine or imprisonment
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Contraband
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Any property that is illegal either to produce or to possess, such as controlled substances or untaxed, smuggled goods
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Damages
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Monetary compensation awarded by a court in a civil case to compensate a party for losses
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Derivative Evidence
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In the 4th and 5th Amend. context, evidence that police obtain on the basis of illegally seized ecidence. Under the "fruits of a poisonous tree" doctrine, that evidence must be excluded from trial and cannot be used to prove the guilt of the defendant
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Disgorgement
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A theory of jurisprudence stating that a person who has wrongfully obtained foods should be made to give them up
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Exclusionary Rule
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A legal rule stating that illegally obtained evidence may not be used in legal proceedings. May be created by three things: common law (coerced confessions), constitutional adjudication (Weeks v. United States), or statute (ellegal electronic eavesdropping).
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Expectations of Privacy
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The basis for determining the existence of Fourth Amendment rights under Katz v. United States
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"fruits of the poisonous tree"
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A 4th Amend. doctrine stating that evidence derived from illegally seized evidence cannot be used by the prosecution. Applies to confessions if an otherwise valid confession is obtained from a suspect who is illegally detained
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General-Reasonableness Construction
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In 4th Amend. jurisprudence, a conservative doctrine that emphasized the idea that the constitutionality of a search and seizure is to be decided by whether it is reasonable
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General Warrant
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A search warrant without a limit. It violates the particularity requirement of the 4th Amend. The term was used at the time of the Revolution by Americans to describe the writs of assistence issued by colonial governors
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Independent Source
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An exception to "fruits of a poisonous tree" doctrine. When evidence in question also was obtained in a lawful manner via an independent source
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Inevitable Discovery
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A 4th Amend. doctrine that overlooks unconstitutional police acts so as not to exclude evidence if the evidence would have been discovered in any event
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Injunction
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A court order requiring that a party perform some act or refrain from some act; a remedy in an action in a court of equity or in a court with equitable powers
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Originalism
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A theory of constitutionalism interpretation tha tholds that judges mush apply the Constitution in accordance with the true intent of the Framers. Theory is based on the principle of separation of powers and the idea that judges should not "make" law.
OPPONENTS: Some argue that changing conditions require justices to interpret provisions to meet contemporary needs |
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Particularity Requirement
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4th Amend: search warrants need to particularly describe the place to be searched and the persons or things to be seized. Made to abolish the general warrant
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Pattern and Practice Suit
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A review of a local police department by the US Justice Department for discriminatory patterns and practices
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Property Theory
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The concept that 4th Amend. rights are based on an individual's legal claims over private property. This theory has been superseded by the "expectation of privacy" concept
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Reasonableness Clause
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First part of the 4th Amend. which prohibits "unreasonable searches and seizures." It is the basis of general-reasonableness construction
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Reparation
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Repayment; a remedy designed to restore the injured party to his or her position before the injury occurred
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Section 1983 Suit
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A civil lawsuit in federal court against a state officer, or municipality, who has violated the federal or constitutional rights of an individual. Designed to curb the terrorism of the Ku Klux Klan. Also called "the constitutional tort suit."
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"silver platter" doctrine
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Rules established by the U.S. Supreme Court under its supervisory power prior to Mapp v. Ohio that forbade federal officers from supplying state officers with illegally seized evidence and then testifying as to the evidence in state court, and from receiving illegally seixed evidence from state officers.
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Sovereign Immunity
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The legal doctrine that precents a party from suing a fovernment unless the government by law allows itself to be sued
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Standing
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The ability to sue in court. A plaintiff has standing to sue in a court when there is an actual case or controversy between the plaintiff and a defendant that a court may hear and decide; the party must have a real stake in the outcome of the case. In 4th Amend. cases, a defendant's standing is based on the violation of his or her reasonable expectation of privacy
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Target Theory
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The idea that when the prosecution seeks to inroduce evidence against a defendant, the defendant has an automatic right to challenge the legality of the seizure. The target theory would eliminate the need for "standing" in Fourth Amend. cases
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Tort
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A private or civil wrong or injury, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages
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Trespass
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A common law tort; wrongful interference with property rights
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Warrant Clause
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The second clause of the Fourth Amendment specifying rules concerning a search warrant
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Warrant-Preference Construction
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A liberal construction of 4th Amend rights that holds that a search is presumptively unreasonable if it is not accompanied by a search warrant unless there exists a narrowly drawn exception to the warrant requirement
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Writ of Assistance
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General search warrants issued by British colonial governors in America to enforce the hated Stamp Act. These writs and their enforcement became plitical issues that helped to ignite the American Revolution
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