4th Amendment Flashcards
When does the 4th Amendment apply to “private citizen” searches?
- Does the gov’t know of the private actor’s conduct
- Does the citizen intend to assist LEOs prior to search
- Does the gov’t affirmatively encourages, initiates or instigates the private action
What are the factors to consider when determining “Curtilage”?
- PROXIMITY of the area claimed to be curtilage to the home itself.
- Is it included within a SINGLE ENCLOSURE surrounding the home
- The USE of the area
- Steps taken to PROTECT the area from observation from passers
What is the Katz v. United States 2-pronged test?
- Has the person demanded privacy?
2. If privacy has been demanded, is it accepted by the public?
Who has REP in a vehicle?
- Owner/Operator - YES (with permission)
- Rental/Lease - YES
- If on the contract; MYABE if using with permission
- Passengers - MAYBE (but probably not)
- In Taxis - Only as to personal “containers”
REP v. Government Employees
A lawful intrusion must be what?
- JUSTIFIED in its Inception
2. REASONABLE in its scope
What is considered “Open Fields”?
Any unoccupied or undeveloped area outside of the curtilage.
Is there REP in Open Fields?
No
What does “Curtilage” mean?
The area to which extends the intimate activity associated with the sanctity of the homes and the privacies of life.
The lawfulness of using devices to enhance an officer’s senses generally turn up on which issues?
- The sophistication of the device
- –Can ONLY make it as visible as to the naked eye - Whether the activity that was viewed occurred in public or in private
When does/doesn’t REP exist in concerns with mail?
- 1st Class (and higher) mail through USPS and private carriers (FedEx, UPS, DHL, etc.)
- But NOT for outside the envelopes and postcards
What are the “common” REP areas that come up during the 4th Amendment?
Body, Vehicles, Homes, Containers, Curtilage/Open Fields, Government Workplaces, Abandoned Property, & Mail
What are the two ways a person can be seized?
- Application of Force
2. Submission to Officer’s “Show of Authority”
What are the three types of “People” seizures?
- Consensual Encounter
- Investigation Detention (Terry Stops)
- Arrest
What is “Reasonable Suspicion”?
FACTS AND CIRCUMSTANCES that would cause a reasonable LEO to conclude that criminal activity MITGHT BE AFOOT
What does “Criminal activity is afoot” mean?
- A crime is about to be committed
- A crime is being committed
- A crime has been committed
What is “Probable Cause”?
Facts and circumstances that would cause a reasonable LEO to conclude a “FAIR PROBABILITY” that criminal activity might be afoot.
What is an “Investigative Detention”?
Reasonable and articulable suspicion that criminal activity is afoot and the person detained is somehow involved.
What actions may be taken based on a hunch?
- Voluntary contact
- Surveillance
- Interview witnesses, co-workers
- Examine public records
What are the two outcomes of a Terry Stop?
- Let them go
2. Develop enough PC to make an arrest
What two things must an Officer demonstrate to justify “Frisk”?
- The investigatory stop must be LAWFUL
2. Officer must reasonably suspect the person is ARMED and DANGEROUS
When can you use Race or Ethnicity as a legitimate investigative lead?
- Trustworthy Information
- Relevant to locality or time
- Links persons of a particular race to CRIME, SCHEME or ORGANIZATION
What are considered “presumed credible” sources?
- LEOs
- Witnesses
- Victims
- Co-Criminal/Partner-in-crime
What is the 2-pronged test developed from Aguilar v. Texas for the basis of use of information?
- Credibility of the sources
2. Basis of knowledge (5W/H)
What are some factors in developing RS to frisk?
*Prior criminal history, *Furtive Movements, *Bulge in clothing, Reputation of suspect, Prior info, Type of Crime involved, Location, No. of suspects, Time of day
How can a LEO justify seizing a soft or small object during a frisk?
It needs to be “IMMEDIATELY APPARENT” to the LEO to be contraband/evidence.
What are some exceptions to the Exclusionary Rule?
- No Standing to Object
- Good Faith
- Impeachment
- Foreign Searches
- Inevitable Discovery
What case was the Exclusionary Rule established?
Weeks v. US
What did Mapp v. Ohio create?
The inclusion of State and Local officials, along with FLEOs, in the Exclusionary Rule
What amendment does the “Fruit of the Poisonous Tree” affect?
4th Amendment
What are the 2 requirements needed in order to seize evidence under the “Plain Touch” doctrine?
- Frisk must have been LAWFUL
2. Item must have been IMMEDIATELY APPARENT to be contraband
The Supreme Court rejected the Aguilar test for Gates v. IL, establishing the ________ as the bases for determining PC.
Totality of Circumstances
What does the “No Standing to Object” exception mean?
A defendant must demonstrate that he personally has an expectation of privacy in the place being searched
What are the 3 underlying rationales of the “Good Faith” exception?
- Meant to deter LEOs misconduct
- No evidence that magistrates/judges tend to ignore the 4th
- Application of the exclusionary rule will not have a significant deterrent effect on magistrates/judges
