4th Amendment Flashcards
Basic requirements of a warrant
Sworn to application; PROBABLE CAUSE; two elements: particular person committed the crime AND nexus that evidence likely in place searched
Can’t be stale or overbroad
Cell site warrants under Florida constitution 1; 12
Must be particular in communication to be intercepted—difference between fact of cell communication and content of it!
Pen registers
Just need officer or prosecutors certification that info will be relevant to ongoing investigation—no discretion—no need for probable cause
Standard for suppressing warrant search
Judge who signed it abused his discretion in relying on info in afffidavit to find PC
What’s required to support an investigatory detention
Well sounded articulable suspicion that someone committed, is committing or is about to commit a crime
**totality of the circumstances **
Jones court test for 4th amendment
Persons, housings, papers and effects—government action a trespass?? GPS on car not ok even if no expectation of privacy in location of car
If not, 4th still may apply if reasonable expectation of privacy
Carpenter cell tower location data
4th amendment applies—need a warrant! Whole of physical activities and historical gives police complete ability to surveillance and go back and track a person
Good faith exception
Meant to punish bad intent—deterrence so if they thought things were ok
Exceptions to warrant requirement
- Stop and frisk
- Plain view
- Consent
- Search incident to arrest
- Automobile
- Exigent circumstances
- Inventory search
- Special needs
- Abandoned property
Stop and frisk—stop requirements
Reasonable articulable suspicion that a crime is about to be committed or has been committed. Reasonable person standard.
Standard for frisk in stop and frisk
Reason to believe dealing with an armed and dangerous individual
Reasonably prudent man
Plain view doctrine
-lawfully in place to view
-incriminating nature immediately apparent
-lawful right of access to object
Consent in 4th amendment context
Free and voluntary—totality of the circumstances
3rd party consent
If cop believes person can give permission it’s fine unless def is present and affirmatively objecting
Search incident to arrest
Person and wingspan, including car but not trunk
And car limited from gant—only if arrestee might access it or contains evidence
