1st class

Question 1

4th Amendment ground rules:

Answer 1

• Court prefers search warrants
• Home receives the highest protection
• No protection for items exposed to public view
• You can go wherever the public can go
• Probably cause alone is never enough to search

Question 2

Search and seizures clause

Answer 2

• the right of the THE PEOPLE to be secure in their PERSONS, HOUSES, PAPERS, AND EFFECTS, against unreasonable search and seizures, shall not be violated.

Question 3

Warrants clause

Answer 3

no warrants shall issue, but upon PROBABLE CLAUSE, supported by oath or affirmation, and PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED.

Question 4

what are 3 ways to enter a home?

Answer 4

1) warrant
2) consent
3) warrant exception

Question 5

search

Answer 5

• a govt. intrusion/entrance into an area where a person has REASONABLE EXPECTATION OF PRIVACY (REP).
• a physical trespass into a constitutionally protected area to obtain information.

Question 6

what are the legal requirements to search?

Answer 6

• probable cause AND a warrant or warrant exception

Question 7

can you search a home with only probable cause?

Answer 7

NEVER!!!

Question 8

what happens to evidence found during an unlawful search?

Answer 8

• exclusionary rule applies

- evidence is inadmissible at trial

Question 9

who are private actors?

Answer 9

• family
• hotel maid
• bondsmen
• private security
• private mail workers (fedex, ups)

Question 10

what happens to evidence found by a private actor?

Answer 10

• admissible at trial

Question 11

warrants for BODY of the suspect:

Answer 11

• above the skin: NO WARRANT NEEDED

- beneath the skin: WARRANT NEEDED

Question 12

warrants for vehicles:

Answer 12

• exterior: NO WARRANT NEEDED

- interior: WARRANT NEEDED

Question 13

exterior of vehicle includes:

Answer 13

• license plate #
• vin #
• color/make/model
• undercarriage of vehicle

Question 14

interior of vehicle includes:

Answer 14

• entering the vehicle
• entering the trunk
• entering containers
• entering other parts of the vehicle

Question 15

who has REP inside of the vehicle?

Answer 15

• ONLY the driver

Question 16

who has REP in rentals?

Answer 16

• ONLY the renter can give consent to search

Question 17

containers with or without REP:

Answer 17

• open containers - NO REP

- closed/opaque containers - REP

Question 18

curtilage

Answer 18

• the area immediately surround a home where INTIMATE ACTIVITIES of the home are extended to.
• curtilage has REP

Question 19

open fields

Answer 19

• unoccupied or underdeveloped areas outside of the curtilage
• open fields have NO REP
• DO NOT ENTER structures in the open fields without a warrant, consent, or warrant exception.

Question 20

Difference between home and curtilage (US vs DUNN):

Answer 20

• proximity to home
• common enclosure (fence)
• how the area is being used
• steps taken to prevent observation

Question 21

REP for abandoned property:

Answer 21

• throw away property - NO REP

- deny ownership - NO REP

Question 22

REP for garbage:

Answer 22

• inside home - REP
• outside home on street curb - NO REP
• outside home within curtilage - DEPENDS

Question 23

are sensory enhancements intrusions?

Answer 23

• 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

Question 24

REP for mail:

Answer 24

• 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