4A - Evidentiary Search & Seizure Flashcards
What are the 3 steps to assessing whether an evidentiary search and seizure was lawful under 4A?
(1) Is the search/seizure covered by the 4A?
- govt actor
- concerning place or thing in which D has reasonable expectation of privacy OR involve physical intrusion in protected area
(2) (a) Did cop have a valid warrant? OR reliance in good faith? (b) properly executed warrant?
(a) valid warrant?
- issued by neutral magistrate
- on showing of PC
- reasonably precise wrt place to be searched/items seized
(b) properly executed?
- w/o unreasonable delay
- after announcement
- ppl searched/seized within scope of warrant
(3) If they did not have valid warrant or it wasn’t properly executed, is this one of 6 exceptions to warrant req?
- incident to arrest
- automobile search
- plain view
- consent
- stop & frisk
- hot pursuit, exigent circumstances, evanescent evidence, emergency aid
What actors does 4A govern?
Govt actors - cops, govt agents, private persons acting at direction of govt, etc - NOT private cops (security guards, campus police)
What 2 types of situations/spaces are covered by 4A protection against unreasonable search & seizure?
(1) s&s of a constitutionally protected area in which the individual has a reasonable expectation of privacy
(2) physical intrusion into constitutionally protected are to obtain info
In what areas does/does not a person have a reasonable expectation of privacy and is thus covered by 4A if search/seizure occurs there? (aka standing to bring 4A claim)
A person ALWAYS has a reasonable expectation of privacy when:
- person owned or had a right of possession of the place searched
- place searched was in fact their home (e.g. grandchild)
- person was overnight guest at home
SOMETIMES:
- wrt property seized ONLY IF they had reasonable expectation of privacy wrt item or area searched
NOT in areas/things held out to the public:
- info owned by third parties (e.g. bank records, but DO have privacy expectation wrt cell-site location info)
- sound of voice
- handwriting
- paint on outside car
- location of car on public street; but DO wrt GPS being placed on car - need warrant)
- things visible in open fields
- things visible by public airway
- odors from car
- garbage on curb
note: sense-enhancing tech that allows cops to obtain info from inside home that could not otherwise be obtained violates expectation of privacy
What is requires for a warrant to be valid? What must D show to invalidate? What is legal significance of invalidation of warrant?
(a) based on probable cause to believe that seizable evidence will be found at the time the warrant is executed and (b) describes place to be searched and items to be seized with particularity
(b) even if affidavit gives necessary details, warrant is invalid if it doesn’t
D must show ALL three elements to invalidate a warrant based on an affidavit:
- false statement was included in affidavit
- person including the statement intentionally or recklessly included it (knew of falsehood)
- false statement was material to the finding of PC
An invalidated warrant = evidence found per the warrant is excluded under exclusionary rule UNLESS cop reasonably relied on a facially valid warrant in good faith.
What is req’d for a warrant to be validly executed?
(1) granted by neutral & detached magistrate (e.g. not AG)
(2) executed by cops - not private ppl
(3) without unreasonable delay
(4) must knock & announce (BUT violation of this does NOT exclude evidence)
(5) scope is limited to what is reasonably necessary given warrant (can seize other things if within search area
What is the effect of cops violating knock & announce?
Nothing - exclusionary rule doesn’t apply.
What are cops rights wrt detaining ppl during lawful search (per warrant)?
- can detain occupants in immediate vicinity during search to stop from destroying evidence
- can frisk if reason to believe person is armed/dangerous
- can NOT search ppl on premises not named in warrant
- can NOT follow & detain/search ppl who left premises before it was executed
