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The History and Purposes of the Fourth Amendment
CRPR.SAMA.18.03.04 – Know that if government actions don’t invade an expectation of
privacy that society is prepared to recognize, it’s not a search, and the Fourth Amendment
doesn’t apply. In other words, the actions are left to the discretion of individual officers.
4. What is the second question in the three main steps in Fourth Amendment analyses?
How will the action affect the presentation of evidence?
If the action was a search or a seizure, was it reasonable?
If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence?
Was the law enforcement action a “search” or a “seizure”?
CRPR.SAMA.18.03.01 – Know that Fourth Amendment analyses follow a three-stop process
based on the answers to three questions in the following order: (1) Was the law enforcement
action a “search” or “seizure”? (2) If the action was a search or seizure, was it reasonable? (3)
If the search/seizure was unreasonable, does the Fourth Amendment ban its use as evidence?
5. What is the third question in the three main steps in Fourth Amendment analyses?
If the action was a search or a seizure, was it reasonable?
Was the law enforcement action compliant with the Bill of Rights?
Was the law enforcement action a “search” or a “seizure”?
If the action was an unreasonable search, does the Fourth Amendment ban its use as evidence?
CRPR.SAMA.18.03.01 – Know that Fourth Amendment analyses follow a three-stop process
based on the answers to three questions in the following order: (1) Was the law enforcement
action a “search” or “seizure”? (2) If the action was a search or seizure, was it reasonable? (3)
If the search/seizure was unreasonable, does the Fourth Amendment ban its use as evidence?
6. In what case did the Sixth Circuit U.S. Court of Appeals decide that the searches of a laptop computer, a cell phone,