4th Amendment - Searches

Question 1

Search

Answer 1

The Supreme court now applies both a “reasonable expectation of privacy” test as well as a trespass analysis in determining whether police activity constitutes a search. A person has a privacy interest as well a property interest to be free from unreasonable governmental intrusions.

1) For a search to occur, the government must invade an area where a person has an actual (subjective) expectation of privacy and that expectation must be one that society is prepared to recognize as reasonable. A person’s home is a place where she expects privacy.
2) If the police activity is not a search, the Fourth amendment does NOT apply.

Question 2

Reasonable Expectation of Privacy

Answer 2

A search falls within the protections of the Fourth Amendment when the government infringes on an area where a person has a reasonable and justifiable expectation of privacy.
1) The extent to which a person has a reasonable expectation of privacy is significantly tied to the place where the police activity occurred.

Question 3

Trespass

Answer 3

When the government obtains information physically intruding on a constitutionally protected area, a search has undoubtedly occurred. For instance, the installation of a GPS tracking device onto a suspect’s car constitutes a trespass and thus a search.

Question 4

Curtilage

Answer 4

At the Fourth Amendment’s very core stands the right of a person to retreat into her home and be free from unreasonable government intrusion. The area immediately surrounding the home – the curtilage – is part of the home for Fourth Amendment purposes.
1) In contrast, open fields – undeveloped areas outside of the curtilage – are NOT protected.

Question 5

Drug Detection Dogs

Answer 5

Canine inspection of luggage in an airport and of an automobile during a brief traffic stop is NOT a search. Thus, dog sniffs in a public place are constitutional. However, dog sniffs within the curtilage of a person’s home for the purpose of detecting contraband inside of the house is a search.

Question 6

Casual Observations

Answer 6

Generally, it is no search for an officer to look into residence from a place accessible to the public. Causal observations for what any person could have seen is no search.
1) However, there is justified expectation of privacy in NOT being seen or heard from vantage points NOT ordinarily utilized by the public. Thus, it is a search for an officer to stray from the normal path to engage in window peeping. Resort to extraordinary efforts to overcome the ’s attempts to maintain privacy is NOT permitted.

Question 7

Sensor Enhancing Technology

Answer 7

Ordinary use of common devices for aiding the senses (binoculars) does NOT intrude upon any justified expectation of privacy. However, the use of sensor enhancing technology that is NOT in general public use (thermal imaging device) is a search.

Question 8

Surveillance of Conversations

Answer 8

Wiretapping phone calls as well as the use electronic equipment to overhear conversations (bugging person’s home) is a search.
1) However, there is no Fourth Amendment violation where a government informant wears a wire to record the D’s statements. Similarly, a D has no justifiable expectation of privacy that the person with whom she is speaking (false friend) will NOT reveal her statements to the police. In those situations, the D assumes the risk that the person will later betray her.