5/200.01 SEARCH AND SEIZURE

Question 1

The Fourth Amendment protects an expectation of privacy that must be both?

Answer 1

(1) reasonable; and (2) legitimate

Question 2

What does the 4th Amendment protect?

Answer 2

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

Question 3

What is the Community Caretaking Doctrine?

Answer 3

A common law exception to the Fourth Amendment based on the public’s expectation that law enforcement may take action to save life or render aid.

Question 4

Hot Pursuit is?

Answer 4

A sub-category of “exigent circumstances” where a dangerous or felony suspect is fleeing from law enforcement and an officer has direct knowledge of the suspect’s location which would justify an exigent circumstances entry for apprehension. NOTE: Not the same as Fresh Pursuit.

Question 5

Fresh Pursuit is?

Answer 5

Occurs when there is probable cause that a person who is wanted for a serious felony is inside a home or other private place and is about to flee. NOTE: Is not Hot Pursuit.

Question 6

Investigative Emergency Search is 3 things?

Answer 6

(1) prevent the destruction of evidence of a serious felony offense, or;
(2) effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended, or;
(3) hot or fresh pursuit.

Question 7

What a person knowingly exposes to the public is not protected by the Fourth Amendment no matter where the exposure takes place.

Answer 7

Open View

Question 8

An exception to the search warrant requirement that ?Must satisfy these requirements:

(1) the officer must be in a position in which he has a legal right to be;
(2) the items must be immediately recognizable as contraband or evidence; and
(3) the seizure must be made without substantial addition intrusion. “Plain View” and “Open View” are not the same.

Answer 8

Plain View

Question 9

What are the 4 exceptions to a Search Warrant?

Answer 9

1. Open View.
2. Person(s) has no standing to assert a legal right (property right or constitutional right).
3. Trash searches outside the curtilage.
4. Detention facilities.
5. Abandoned property.
6. Searches by a private citizen not acting as an agent of the government.