4th Amendment Searches

Question 1

4th Amendment Search Analysis Steps

Answer 1

1. Is it a search? (gov’t agent, standing, evidence obtained)
   - if yes, was it reasonable?
2. 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

Question 2

standing (occupants of car)

Answer 2

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

Question 3

search

Answer 3

Katz analysis
1. subjective expectation of privacy, &
2. such expectation is objectively reasonable

Question 4

open fields

Answer 4

Hester - not a search under the 4th amendment
Oliver - open field ≠ curtilage of the home

Question 5

GPS

Answer 5

Jones - GPS placed inside a vehicle constitutes a search under trespass theory

Question 6

curtilage

Answer 6

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

Question 7

aerial surveillance

Answer 7

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

Question 8

thermal imaging devices

Answer 8

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

Question 9

trash

Answer 9

Greenwood
searches of trash aren’t protected under the 4th amendment once outside the curtilage of the home
- sufficient public exposure

Question 10

beepers/tracking devices

Answer 10

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

Question 11

pen registers

Answer 11

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

Question 12

Third Party Doctrine

Answer 12

no legitimate expectation of privacy in information voluntarily turned over to 3rd parties

Question 13

cellular location data

Answer 13

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

Question 14

dog sniffs alone

Answer 14

Place
not a 4th amendment search

Question 15

dog sniffs during traffic stops

Answer 15

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”

Question 16

dog sniffs on front porch

Answer 16

FL v. Jardines
dog sniffs on the front porch constitute a search (curtilage protections apply)

Question 17

dog sniffs as probable cause

Answer 17

FL v. Harris
dog sniff can be a consideration under the totality of the circumstances providing a basis for probable cause to search

Question 18

probable cause

Answer 18

traditional standard to obtain a warrant

a reasonable belief by a reasonable officer that:
- a person has/is about to commit a crime, OR
- evidence relevant to a crime can be found in a particular location

Question 19

Aguilar-Spinelli Test

Answer 19

OLD probable cause test

1. credibility of information (was informant likely telling the truth?), &
2. reliability of information (did informant likely have knowledge?)

Question 20

anonymous tips

Answer 20

IL v. Gates (OVERRULED Aguilar-Spinelli Test)

anonymous tip alone ≠ PC, BUT
anonymous tip + corroborating future behavior = PC

Question 21

standing: car passengers

Answer 21

unlawful detention: all have standing to challenge

unlawful search: only the driver/owner of car has standing to move to suppress evidence

Question 22

probable cause: car passengers

Answer 22

Maryland v. Pringle
drugs in a car gives rise to PC to arrest any passenger who:
(1) has knowledge of the drugs, &
(2) exercised dominion and control over them

Question 23

justification for traffic stops

Answer 23

Whren
traffic stops only require reasonable suspicion
*most traffic stops have PC but not necessary

Question 24

reasonable suspicion

Answer 24

[minimum requirement for traffic stops]
totality of the circumstances
officer must have a particularized & objective basis to suspect legal wrongdoing