4th Amendment

Question 1

4th Amendment

Answer 1

protects individuals against “unreasonable” searches and seizure of their persons, houses, papers, and effects by government officials and is made applicable to the states via the Fourteenth Amendment.

Question 2

State Action

Answer 2

To raise a 4th Amendment claim, the violation must have occurred by a government agent or someone acting at the agent’s request. A purely private party cannot violate a person’s Fourth Amendment rights.

Question 3

Standing

Answer 3

In order to raise a defense based on the Fourth Amendment, the D must have standing. Standing is a personal right and may only be asserted by one who is subjected to an unreasonable search or seizure. The D must demonstrate that he personally has a reasonable expectation of privacy in the place searched or the item seized.

Question 4

Warrant Requirement

Answer 4

Generally, a search must be made pursuant to a warrant. A warrant must be based upon probable cause and must describe the place to be searched or the things to be seized. Warrantless searches are per so unreasonable and are subject only to a few well established exceptions.
- Exclusions of the evidence is required if the officer lacked reasonable grounds for believing that the warrant was properly issued. This can occur where the warrant is based upon knowingly or recklessly made falsehoods in the affidavit.

Question 5

Warrantless Home Search

Answer 5

Absent exigent circumstances or consent, a home may NOT be searched without a warrant.

Question 6

Probable Cause

Answer 6

Probable cause is present when an office has knowledge of sufficiently strong facts to make a reasonably prudent person believe that a crime has been committed.