11. Constitutional Definition of a Search. Flashcards

1
Q

Under what authority do I have to search?

A

Authority is granted under the fourth amendment to the United States Constitution, and article 14 of the Massachusetts declaration of rights

These rights insist officers based their searches on probable cause and perform in a reasonable manner

Probable cause ensures that officers invade the privacy of a citizen only when they have adequate justification

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2
Q

Who has the burden of proof to show that a warrantless search was reasonable?

A

The government

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3
Q

When, and only when is a search subject to constitutional regulations?

A

State action, example by law-enforcement, official, or an agent of the government

When there is a reasonable expectation of privacy. The search must intrude on the suspect reasonable, expectation of privacy

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4
Q

Police may take advantage of a citizen’s desire to help so long as I do not:

A

Direct the effort (case where an inmate provided details on another inmates rape, then told the police. SJC ruled this was proper, because police did not direct him to provide the information in the first).

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5
Q

If a doctor pulls a bullet out of a suspect leg, is he now an agent of the government if he turns over the bullet to me?

A

No, because the removal of the bullet was medically necessary

Hospital blood test, proof defendants intoxication of OUI at trial.

The motivation for the test was medically necessary, and not for the discovery of evidence.

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6
Q

Do public school administrators need a warrant to search?

A

No, but must have reasonable suspicion in order to search, and methods must be appropriate given the object of the search. What are they looking for? The nature of offense?

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7
Q

What specifically is the fourth amendment and article 14 clear about protecting from unreasonable police intrusions?

A

Private areas. Private areas include:

Citizens body
Home
Possessions

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8
Q

What are the three constitutional justifications to enter private areas?

A

Warrant
Consent
Exception to warrant

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9
Q

Clothing removed by hospital for treatment versus safekeeping;

A

Treatment: ripped off and thrown on floor? no expectation of privacy. Sorry.

Safekeeping : clothing, removed and not torn away and stored for safekeeping in a bag in locker. Constitutional bus ticket required for this warrant, consent, exigent circumstances

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10
Q

What level of information is needed for a probation officer (or a police officer assisting that probation officer) To search a person on probation?

A

Reasonable suspicion

However, if that search is conducted in the probationers home, a warrant based on reasonable suspicion is needed

Separate consents, warrant based on reasonable suspicion to seize a probationers phone

Parole officers may conduct warrantless searches of homes/trailers/ramshackle apartments/of parolees.

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11
Q

Is a hotel or motel room considered a dwelling for curtilage privacy protections?

A

Yes, hotel or motel guests are entitled to expectation of privacy in their rooms, except if they’ve been properly evicted.

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12
Q

Can I search a college dorm room without a warrant?

A

No, a college dorm room is considered a dwelling, and you would need a search, consent, emergency aid, or exigent circumstances

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13
Q

Is a fenced in backyard considered part of a cartilage?

A

Yes, also, the side yard of a multifamily may be part of the cartilage and a mailbox is considered part of the cartilage

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14
Q

What does open fields refer to?

A

Any area beyond the curtilage.

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15
Q

Is a driveway part of the curtilage?

A

No, not if a visitor uses it to reach the front or back door.

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16
Q

May police over hear conversations?

A

They may overhear private conversations from an area where the suspect has no reasonable, expectation of privacy.

17
Q

When officers intrude on a suspect’s privacy, what do they need?

A

A warrant or some other legal justification.

18
Q

Can the police knock at the entrance of someone’s door?

A

Yes, but a person does not have to open it and they should not insist they do but they may knock on anybody’s door.

19
Q

What is a knock and talk and when should it occur?

A

A knock and talk is when police identify themselves.This should only occur during normal visiting hours, otherwise the approach is coercive.

20
Q

Can I shine my flashlight in somebody’s window?

A

Yes when called to investigate an incident. This is permissible.

21
Q

May I use binoculars in public?

A

Yes, however if I’m using them to observe activities inside the home that does infringe on privacy.

22
Q

What level of information do I need to try a key in a lock of a private home?

A

Reasonable suspicion is needed. Once confirmed the key works, then get a warrant.

23
Q

Is the K9 sniff of the curtilage permitted?

A

According to the Supreme Court, without more, this is not permissible because the court likened to the use of a super sensitive instrument to detect things that cannot otherwise be seen/smelled.

24
Q

Do I need a warrant to violate a residence privacy with use of technology?

A

Yes, because you are learning about activities inside the home (example thermal imaging)

25
Q

Is a pole camera surveillance of a home intrusive?

A

If it is extensive it becomes a search. This is true even if the pole camera is located in public.

26
Q

Do citizens have an expectation of privacy in their possessions?

A

Generally citizens reasonably expect that their possessions will not be searched unless police have probable cause

27
Q

What is needed to be considered property abandoned?

A

A suspect must voluntarily relinquish control and give up his expectation of privacy however this cannot be done by force (An officer grabbing a suspect coat, and he wiggles out of it officer left standing with coat as suspect runs away). Officer cannot search coat as abandon property in the situation

Police may trick a suspect to get a DNA sample as long as there no evidence of coercion.

28
Q

What is the dominant factor in determining abandoned property?

A

The place where the property is found in the suspect relationship to that place

29
Q

What is standing?

A

A legal concept that prevents defendants from challenging a police search, where said defendant did not have a reasonable expectation of privacy (US, Supreme Court decision Rawlings v. Kentucky)

30
Q

What are the two exceptions to the general standing rule?

A

Borrowed standing and target standing

31
Q

What is borrowed standing?

A

A defendant may borrow his codefendant’s expectation of privacy if police seize contraband from the codefendant and also plan to charge the defendant with its unlawful possession.
Without this rule an offender could legally challenge the seizure of contraband and go free whilst codefendant would be denied the same opportunity.

32
Q

What is target standing?

A

This alleges deliberate police illegal conduct. This is often used by organized crime figures the assertion that police violated the rights of lesser criminals in order to get evidence against the “big fish“

In Massachusetts this may only be used for blatant police misconduct (officers close call on probable cause drug search was not the type of mistake that warranted target standing)