4th Amendment 1st Part Flashcards
What are the two distinct clauses for 4th Amendment?
1st- All searches and seizures need to be reasonable
2nd- Mandates that PC exist before search or arrest warrants may be issued.
The 4th amendment regulates the….
Actions of government officials.
Does the 4th Amendment regulate private conduct?
No, regardless whether that conduct is reasonable or unreasonable.
Does the 4th Amendment apply when a citizen is acting as an instrument or agent of the government?
Hellllll yes.
Who are not government actors?
Wives, Husband, Girlfriend, Hotel maid…
Are search warrants and arrest warrants preferred?
Yes.
Is a search & arrest without a warrant presumed unreasonable?
Yes.
PC alone is never enough to search, what else do you need?
A warrant or a exception.
GA+QE+REP or T on E =
4th amendment protection, need a warrant or exception to proceed!
What is the standard established by the supreme court for determining whether REP exists?
1st- The individual must have exhibited an actual subjective expectation of privacy
2nd- The expectation must be one that society is prepared to recognize as reasonable.
What are some examples of where REP is not expected?
Hair color Scars Visible tattoos Vin # License Plate
What triggers the 4th amendment?
Government Agent (GA) + On a Quest for Evidence + where a Reasonable Expectation of Privacy is expected (REP)
What are the 4 Dunn factors to consider when trying to determine if something is part of the curtilage? “Road Map”
- Proximity of the area to the home
- Whether the area is included within an enclosure around the house
- Whether the area is used for activity relating to the house
- Steps taken by residents to ensure privacy
Do you have REP @ a hotel?
Helllll yeah!
If a dude named ZACK is walking around butt naked in his dorm room with his blinds open smoking that MJ and growing MJ plants, would ZACK have REP if a TSA chick walked by and saw this dude from the sidewalk?
Helll na…. wait depends if he wants that TSA lady…
