4th Amendment

Question 1

4th Amendment

Answer 1

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated and 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.

Question 2

How does the 4th amendment apply to the states?

Answer 2

The 4th amendment applies to the states through the Due Process Clause of the 14th Amendment

Question 3

4th amendment analysis

Answer 3

1. Is there government action?
2. Did the search violate the Defendant’s reasonable expectation of privacy?
3. Did the police officer have a warrant?
4. Was the warrant proper or was the police officer’s reliance on the warrant in good faith?
5. Was the warrant properly executed?

2. Action must qualify as a search or seizure?

Question 4

Government Action

Answer 4

Government actors include publicly paid police, on or off duty. Private citizens, but ONLY if they are acting at the direction of the police.

Question 5

Search

Answer 5

A governmental invasion of a person’s constitutionally protected reasonable expectation of privacy

Question 6

Seizure

Answer 6

The exercise of control by the government over a person or a thing.

Question 7

Katz Test

Answer 7

Police perform a “search” when they intrude into an area in which:
• The defendant exhibits an actual, subjective expectation of privacy, and
• Society is prepared to recognize that expectation as reasonable

Question 8

What’s “reasonable?”

Answer 8

touchstone of 4th amendment

a warrant supported by probable cause

Question 9

Probable Cause Requirement for Warrants

Answer 9

an objective standard focused on what a reasonable officer would believe is a “fair probability” of criminal activity and made with particularity that seizable evidence will be found on the person or premises to be searched