Academy Notes Flashcards
State v Esguerra
“Generally, one who owns, controls or lawfully possesses property has a legitimate expectation of privacy.”
Katz v U.S., 389 U.S., 347, 361 (1967) - Twofold requirement
1: a person have exhibited an actual (subjective) expectation of privacy
2: the expectation be one that society is prepared to recognize as reasonable
What occurs when a expectation of privacy that society is prepared to consider reasonable is infringed?
Search
What occurs when there is some meaningful interference with an individual’s possessory interests in that property?
Seizure
What is the Exclusionary Rule?
And and all evidence, which is seized using illegal governmental practices, shall be excluded in court. It is essentially tainted by the illegality.
Referred to as “fruit of the poisonous tree”
What are the different levels of proof?
1: Reasonable suspicion
2: Probable cause
3: Preponderance of the evidence
4: Clear and convincing evidence
5: Proof beyond a reasonable doubt
Define probable cause
Evidence that would lead a reasonable person to believe that an offense has been, or is being, committed OR that seizable objects are in the place to be searched.
(More than suspicion. Facts and circumstances within an officer’s knowledge based on reasonable trustworthy information)
Facts of reasonable suspicion
1: Does NOT entitle police to make an arrest
2: Does NOT entitle police to make a search
3: DOES permit police to further investigate base upon
- The officer’s suspicion
- Based on observable facts and logical inferences
What is a search warrant
An official authority granted by a neutral magistrate (judge) to search a particular place for particular items or persons
The affidavit of a search warrant must show
1: The items sought to be seized are evidence of a crime
2: The criminal evidence sought is located at the place to be searched
What can you get a warrant for?
1: Property which has been obtained or is possessed in a manner which constitutes a criminal offense
2: Property designed or intended for use, or which is or has been used, as the means of committing a criminal offense
3: Property which would be material evidence in a criminal prosecution
4: A person for whose arrest there is probable cause or who is unlawfully restrained
What papers make up a warrant?
1: Affidavit for search warrant
2: Search warrant (Nighttime authorization if necessary)
3: Return & Inventory
What NEEDS to be included in a search warrant affidavit?
1: Defendant’s Name
2: What you want to look for
3: Where you want to look
4: PC - Why is it evidence? Why is it there?
Search warrant execution timeframe
May not begin before 0600 or after 2200 UNLESS a nighttime exception is granted
Nighttime exception criteria
1: Exigency - evidence may get destroyed
2: Officer safety
How long do you have to serve a search warrant once it is signed?
Within 10 days of issuance
Steps for executing a search warrant
1: Prepare paperwork
2: Get judges signature
3: Knock and announce presence
4: Search for named items
5: DO NOT look in any place that could not contain what you’re authorized to look for
6: Prepare the “Return & Inventory” of items seized (or not found)
7: File the original warrant, affidavit and return and inventory with the court that issued it
When getting a search warrant based off information received from a confidential informant, what 2 criteria are needed?
AGULAR-SPINELLI test
1: What is the CI’s history of reliability?
2: How does the CI know what he says he knows about the present situation?
When is a court order required to get fingerprints?
Children under 13
When giving consent for a search, a person must have what 3 things in respect to the search area
1: Access
2: Control
3: Use
Exigent circumstances defined…
An URGENT situation requiring swift action to prevent:
1: Imminent danger to life
2: Serious damage to property
3: To forestall the imminent escape of a suspect
4: Destruction of evidence
A warrantless entry into a residence requires 2 things
1: Probable cause
2: Exigent circumstances
In relation to “emergency searches,” what are the 3 requirements for an Emergency Assistance entry?
1: State must show under an objective standard that the officer reasonably believed that a person within was in need of immediate aid to protect or preserve life or avoid serious injury
2: Officer’s motivation for the initial decision to enter the home is to render protection of human life or property in imminent danger and not to perform criminal investigation
3: The police did not expand the scope of the initial intrusion beyond what is necessary to address the emergency
What is a protective sweep?
A quick, limited search of premises. (Concept of terry frisk expanded to include a house. Looking for a person)
When can a protective sweep be conducted?
1: After a lawful arrest
2: When an officer has a reasonable belief based on articulated facts and other rational inferences from those facts to believe another person is present who presents a danger to the officer or other present
Plain view exception
Items may be seized without a warrant if the police officer was lawfully position when the evidence was observed, and the incriminating nature of the evidence was immediately apparent
Plain view areas
1: Public place
2: In a place with consent to be there
3: In a place because of court authorization (search warrant)
Dog searches and odors - expectation of privacy?
A person does not have a legitimate expectation of privacy in the odors emanating from his/her belongings in a public place
