4A - Evidentiary Search and Seizure**

Question 1

Evidentiary Search and Seizure Analytical Model

Answer 1

1) Gov conduct?
2) Standing?/REP
3) Valid Warrant?
4) if not, valid exception?

Question 2

Gov Conduct

Answer 2

4A protects from gov AND agents of gov. If private individual is acting at behest of police, that’s gov conduct.

Question 3

Standing/REP

Answer 3

Must have REP with respect to person/place/item seized to have standing.

REP? Totality of the circumstances

Question 4

Automatic standing

Answer 4

1) Person had right to possession of place searched
2) the home (regardless of possession)
3) overnight guest of the owner

AND “sometimes”:
4) if they own the property seized

Question 5

REP Trash Rule

Answer 5

No REP for trash disgarded (not on property).

Question 6

Things held out to the public; open fields; TPD; and exceptions

Answer 6

No REP, even on open fields you own.

Generally includes information in the hands of third parties. (third party doctrine)

EXCEPTION:
1) cell-site location info
2) GPS on car

Question 7

Sense enhancing technology

Answer 7

If
1) not in general public use
2) used to obtain info from inside a suspects home that couldn’t be obtained without physical invasion

Violation.

Question 8

Core requirements of a valid search warrant

Answer 8

PC
Particularity

Submitted to an magistrate.

Question 9

Use of informatts for PC

Answer 9

Tip must meet totality of the circumstances test. COnsider:
1) reliability
2) credibility
3) basis of knowledge

Question 10

Warrant later foudn to be invalid

Answer 10

Evidence found okay so long as officer believed warrant was valid.

Question 11

Particularity

Answer 11

Warrant must describe place/items with particularity .

Can be anticipatory (items WILL be there)

Question 12

Neutral and detatched magistrate requirement

Answer 12

Magistrate who issues warrant must be neutral and detatched (NOT state AG)

Question 13

Execution of warrant

Answer 13

1) Only police may execute warrant
2) Third parties cannot accompany unless present to identify stolen property
3) violation of knock and announce rule will not result in suppression of evidence

Question 14

Search of persons found on warranted premises

Answer 14

Warrant of place authorizes police to detain occupants,

but search warrant DOES NOT authorize them to search the people not named on warrant.

Can’t harass people who recently left premises, around the premises.

Exception: Terry stop and frisk

Question 15

REP of passengers re: search of cars

Answer 15

Merely being a passenger in somebody else’s car doesn’t create a legitimate expectation of privacy with regard to a search of the car.

As a passenger, you can challenge THE STOP, but NOT a search of the car.