4th Amendment: Evidentiary Search & Seizure

Question 1

4 Step Analysis

Answer 1

1. Governmental conduct?
2. Is there standing?
3. Is there a valid warrant?
4. If no warrant, are there exceptions to the warrant requirement?

Question 2

When does a person have a reasonable expectation of privacy?

Answer 2

1. Person owned or had right to possess place searched
2. Place searched is person’s home
3. Person is overnight guest of owner

Question 3

Core Requirements for Valid Search Warrant

Answer 3

1. Probable cause
2. Particularity (must describe with particularity the place to be searched and the items to be seized)