1st class Flashcards
4th Amendment ground rules:
1) Courts prefer search warrants
2) Homes receive the highest protection
3) No protection for items exposed to public view
4) You can go wherever the public can go
5) Probably cause alone is never enough to search
Search and seizure clause
the right of THE PEOPLE to be secure in their PERSONS, HOUSES, PAPERS, & EFFECTS, against unreasonable searches and seizures, shall not be violated
Warrants clause
no warrants shall issue, but UPON PROBABLE CAUSE, supported by oath or affirmation, and PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED.
What are 3 ways to enter a home?
a warrant, consent, or warrant exception
Search
- a GOVERNMENT intrusion/entrance into an area where a person has a REASONABLE EXPECTATION OF PRIVACY (REP).
OR
- a physical trespass onto a constitutionally protected area to obtain information.
what are the legal requirements to search?
- Probably cause AND a warrant or warrant exception
Can you search a home with only probable cause?
NEVER!!!!
what happens to evidence found during an unlawful search?
- exclusionary rule applies
- evidence inadmissible at trial
who are private actors?
- family
- hotel maids
- bondsmen
- private security
- private mail workers (fedex, ups)
what happens to evidence found by a private actor?
- Admissible at trial
warrants for
BODY OF THE SUSPECT?
- Above the skin - NO WARRANT NEEDED
- Beneath the skin - YOU NEED A WARRANT
warrants for
VEHICLES?
- Exterior - NO WARRANT NEEDED
- Interior - YOU NEED A WARRANT
exterior of vehicle includes:
- vehicle color/make/model
- VIN #
- license plate #
- undercarriage of vehicle
interior of vehicle includes:
- entering vehicles
- entering containers
- entering trunks
- entering other parts of the vehicle
who has REP inside of the vehicle?
- ONLY the driver
who has REP in rentals?
- in any rental (car, apartment, locker) the only person who can give CONSENT to search is the renter.
containers with or without REP:
- open containers - NO REP
- closed/opaque containers - REP
curtilage
areas immediately surrounding the home where INTIMATE ACTIVITIES of the home are extended to.
- REP
open fields
- unoccupied or underdeveloped areas outside of the curtilage.
- NO REP
- DO NOT ENTER structures in the open fields without a warrant, consent, or warrant exception.
Diff. between home and curtilage:
US vs. DUNN
- proximity to home
- common enclosure (fence)
- how the area is being used
- steps taken to prevent observation
REP for abandoned property:
- throw away property - NO REP
- deny ownership - NO REP
REP for garbage
- inside home - REP
- outside home on street curb - NO REP
- outside home within curtilage - DEPENDS
are sensory enhancements intrusions?
- depends on whether the enhancement is general public usage and what the enhancement is being used to view.
- ex: binoculars, telescopes, thermal imaging, aerial surveillance.
REP for mail:
- outside package of first class mail - NO REP
- inside package of first class mail - REP
- other than first class mail - NO REP
- mail covers - NO REP
- postcards/leaflets - NO REP
- mail detentions - NEED REASONABLE SUSPICION
