1. KAPLAN UNIVERSITY Josephine Kerr Constitutional Law February 3, 2010 9:00 p.m.

2. The Fourth Amendment: An Overview of Constitutional Searches and Seizures What the Fourth Amendment forbids and requires? Who is governed by the Fourth Amendment? What the reasonableness clause of the Fourth Amendment establishes? Whether individuals are constitutionally guaranteed absolute freedom from government intrusion? How probable cause relates to searches and arrests? What is required for a search or arrest warrant? If the Miranda warning must be given in a stop-and-frisk situation? What the law of stop and frisk deals with? The precedent case? What two consequences police may face if they make an unconstitutional search or seizure? What the exclusionary rule is and the precedent case? What primary purpose is served by the exclusionary rule? What case made the exclusionary rule applicable at the state level? What happens to evidence obtained in ways that “shock the conscience?” What exceptions to the exclusionary rule exist? What other consequences may result from government agency misconduct?

3. The Fourth Amendment What is the Fourth Amendment? Define the key words in the Fourth Amendment? –Search –Seizure

4. The Importance of the Fourth Amendment to Law Enforcement Why is the Fourth Amendment important to law enforcement?

5. Who Is Regulated by the Fourth Amendment? Who is regulated by the Fourth Amendment? Can United Parcel Service employees open packages without warrants and inspect their contents whenever a customer? Can a private electronic company conduct a warrantless search of a customer was bypassing the electric meter.

6. The Clauses of the Fourth Amendment What are the two clauses of importance to search and seizure issues?

7. The Reasonableness Clause What is the Reasonableness Clause? What two approaches have been used to determine reasonableness?

8. Privacy Another consideration is whether a person’s reasonable expectation of privacy has been violated by the government. What is the right to privacy? How is this right determined?

9. Probable Cause What is probable cause? There are two sources of probable cause. Describe and define each. –Observational –Informational

10. Search and Arrest Warrants What is a search warrant? What is an arrest warrant? All search and arrest warrants must be based on…?

11. Executing a search warrant How is a search warrant executed? What happens if a search warrant is improperly executed?

12. The Continuum of Contacts What is the continuum of contacts?

13. The Law of Stop and Frisk What are the main laws regarding stop and frisk? What is the purpose of stop and frisk? Define the key terms.

14. Terry v. Ohio What were the facts of Terry v. Ohio? What was the outcome? Do you agree/disagree with the outcome? Explain.

15. Consequences of Fourth Amendment Violations There are several consequences of Fourth Amendment violations. –Name the consequences to Fourth Amendment Violations. –Which consequences do you agree with?

16. Questions Are there any questions?