Discuss the three-step process used in Fourth Amendment analyses
What will be an ideal response?
Fourth Amendment analyses follow a three-step process based on answering three questions in the following order:
(1) Was the law enforcement action a "search" or "seizure"? If not, the analysis ends, because the Fourth Amendment only protects actions that are searches or seizures.
(2) If the action was a search or seizure, was it reasonable? If it was, the inquiry ends, because the Fourth Amendment bans only unreasonable searches and seizures.
(3) If the action was an unreasonable search or seizure, does the Fourth Amendment ban its use as evidence? If it does, the case isn't necessarily over, because there may be enough evidence to convict the defendant, either now or sometime in the future.
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What will be an ideal response?
What did Sageman observe about how religious members of terrorist groups were before they joined?
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