4th Amendment Searches Flashcards
4th Amendment Search Analysis Steps
- Is it a search? (gov’t agent, standing, evidence obtained)
- if yes, was it reasonable? - Was it a warrant or warrantless search?
IF WARRANT - is it facially valid?
- if yes, was it executed properly? – if yes, admit; if no, check for reason it may come in anyway
- if no, is there a good faith exception? – if yes, continue proper execution analysis; if no, check for reason it may come in anyway
IF WARRANTLESS - valid exception?
- if yes, evidence admitted
- if no, does it come in anyway? – if yes, admit; if no, exclude
standing (occupants of car)
if detention = unlawful, all have standing to challenge unlawful detention
if search of car = unlawful, only the driver/owner of the car has standing to move to suppress evidence obtained from car
search
Katz analysis
1. subjective expectation of privacy, &
2. such expectation is objectively reasonable
open fields
Hester - not a search under the 4th amendment
Oliver - open field ≠ curtilage of the home
GPS
Jones - GPS placed inside a vehicle constitutes a search under trespass theory
curtilage
curtilage of the home is protected under the 4th amendment
Dunn - 4 factor analysis
1. proximity to the home
2. whether the area’s enclosed with the home
3. nature of use of area
4. steps taken to protect the area from passersby
aerial surveillance
Ciarolo - not a search when:
(1) 1000 ft above,
(2) within navigable airspace, &
(3) visible to the naked eye
FL v. Riley - not a search when:
(1) 400 ft above
(2) no dust/noise
thermal imaging devices
Kyllo
thermal imaging devices outside the home constitute a search
- interior of the home isn’t visible to the naked eye
- device ≠ in general public use
trash
Greenwood
searches of trash aren’t protected under the 4th amendment once outside the curtilage of the home
- sufficient public exposure
beepers/tracking devices
Knotts
use of tracking devices inside a container voluntarily placed in a car = equivalent to visual surveillance of a car on a public street
Karo
use constitutes a search when used to obtain information that can’t be procured through visual surveillance
White
agent listening in on a conversation with a radio receiver is not a search
pen registers
Smith v. Maryland
pen registers aren’t protected under the 4th amendment; no reasonable expectation of privacy in the phone numbers dialed
1986: Congress passed statute prohibiting use of pen registers without a federal court order
after 9/11, PATRIOT ACT: AG can get order for Foreign Intelligence purposes against non-US citizens
Third Party Doctrine
no legitimate expectation of privacy in information voluntarily turned over to 3rd parties
cellular location data
Carpenter
cellular location data over an extended period of time providing a comprehensive chronicle of past movements constitutes a search
individuals maintain a legitimate expectation of privacy in their record of physical movements
dog sniffs alone
Place
not a 4th amendment search
dog sniffs during traffic stops
Cabellas
not a search if detention is no longer than necessary to deal with the purposes of the traffic stop
*Rodriguez - can become unlawful if the detention is prolonged beyond the time reasonably required to complete the “mission”
