Search and seizure

Search and seizure

CLEP American Government, Chapter 22

Search and seizure

After learning the basic Fourth Amendment categories, the next task is to classify the encounter accurately. An officer who asks a pedestrian a question that the pedestrian remains free to ignore has not necessarily seized anyone. A brief stop based on a show of authority is a seizure and ordinarily requires reasonable suspicion supported by specific facts. A full arrest is a greater seizure and ordinarily requires probable cause. A frisk is yet another act: it is a limited protective search for weapons and requires an additional reasonable basis to suspect that the stopped person is armed and dangerous. Reasonable suspicion that a burglary occurred can justify a stop without automatically authorizing either a frisk or an arrest. The same care applies to observation. Looking at a front porch from a public sidewalk differs from entering the home, manipulating an object, or using a device to obtain information that otherwise would remain private. Name the act before naming the standard. "Police activity" is too broad to tell you which rule applies.

Digital investigations make classification harder because a small request can reveal a large amount of information. Records held by a company are not automatically outside the Fourth Amendment. In Chatrie v. United States (2026), police used a geofence process to obtain Google Location History associated with devices near a bank robbery. The Supreme Court held that acquiring Chatrie's location information was a search because a person has a reasonable expectation of privacy in cell-phone location data; the short, two-hour period did not eliminate that protection. The Court left the lower court to decide whether each stage of the geofence warrant satisfied probable cause and particularity, and it did not decide the separate suppression question. That division is a model for exam reasoning. First ask whether acquisition of the data was a search. Then test the warrant or exception. Only after finding a constitutional violation should you ask whether the exclusionary rule bars a particular item of evidence. Technology does not create a free-standing constitutional test. The government act, information obtained, privacy or property interest, justification, and requested remedy still do the work.

Video lesson: Search and Seizure: Crash Course Government and Politics #27

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