4th Amendment Flashcards
What does the 4th amendment cover?
Government action not private action
Does exclusionary rule apply to private searches
No
Does 4th amendment apply to a private citizen acting an instrument of the government
Yes
What is a search
Infringe on defendants REP in attempt to find evidence or information (KATZ)
Police physically intrude on defendants property (trespass) in attempt to find evidence of information (Jones)
Reasonable expectation of privacy REP
KATZ two part test
Individual exhibited Subjective REP
Society recognizes Objective REP
If both are met 4th amendment is violated
When is expectation of privacy highest?
In his or her home
Does curtilage have REP
Yes, garages porches and backyards areas immediately surrounding the house
Four factors determining curtilage
Proximity of home
Included in common enclosure
Use to which area is put
Steps taken to prevent observation
When can LEO go to open fields and look for evidence without warrant or other justification
Legitimate law enforcement purpose
Entering private property through any route driveway or sidewalk public is invited to take
No REP- implied consent
Abandoned Property
NO REP
Canine Sniff
Containers, luggage, located in public place. NO REP
Public Vantage point
Visual surveillance of a person by the police from the ground no physical intrusion on their property NO REP
Aerial Surveillance
NO REP
Seizure
Governmental termination of movement by a means intentionally applied
Indications of seizure
Some application of force (however slight)
Submission to a show authority
A reasonable person would not feel free to leave given the totality of circumstances
Terry Stop
Reasonable Suspicion that Criminal activity is afoot and suspect is involved R/S CAAF
Terry Frisk
Detention leading to frisk must be lawful R/S CAAF
The officer must reasonably suspect that the person is presently armed and dangerous RS PAAD
What is Terry Frisk Limited to?
Search for weapons, or other sources of danger
May NOT be to search for contraband or incriminating evidence
Head to toe Unlocked Containers in IMMEDIATE POSSESSION
Soft objects if incriminating nature of item is immediately apparent
Terry stop ( vehicle)
Reasonable Suspicion that person stopped is engaged in criminal activity RS CAAF
What is a Terry Frisk (Vehicle) limited to?
RS to stop the vehicle
RS that driver or passenger is presently armed and dangerous
Suspect must be occupant or recent occupant
May frisk that person as well as entire passenger compartment of the vehicle
Locked containers in passenger compartment
Probable Cause
Standard for the issuance of warrants and for arrests
Facts not mere conclusions
Totality of circumstances
PC TO SEARCH
Specific items to be searched are connected with criminal activities
These items will be found in the place searched
PC to Arrest
Violation of the law has been committed
Person to be arrested committed the violation
Exclusionary Rule
Evidence obtained as a result of an unlawful search and or seizure is inadmissible
Purpose of exclusionary Rule
To deter police misconduct
Fruit of the poisonous tree doctrine
Evidence which indirectly derives from information learned illegally is also inadmissible
No standing to object
Exclusionary rule exception
Defendant must demonstrate that he personally has an expectation of privacy in the place searched and that his expectation is reasonable
Good Faith
Exclusionary Rule exception
Evidence seized by government in good faith reliance on a warrant issued
