Ch. 3 The Definition of Searches & Seizures (Q1/Midterm) Flashcards
What three questions must be addressed when analyzing 4th Amendment (search & seizure) issues?
HINT: Think flowchart
1) Was the law enforcement action a search or a seizure?
2) If the action was a search or a seizure, was it reasonable?
3) If the action was an unreasonable search, does the 4th Amendment ban its use as evidence?
This is defined as some meaningful interference with an individual’s possession of property.
What is a seizure?
Does the 4th Amendment apply if a law enforcement action isn’t a search or a seizure?
No
Before the adoption of the 4th Amendment, what were the original 2 purposes for search & seizure laws?
1) Sedition
2) Tax evasion
Which 2 enormous powers allowed English monarchs to destroy “seditious libels” and collect taxes?
1) General Warrant
2) Writ of Assistance
What were the 2 conditions for lawful searches and seizures according to the Founding Fathers?
1) Specific dates
2) Names of places/people
This doctrine states that there is no reasonable expectation of privacy in what officers discover by their ordinary senses i.e., plain view.
What is the Plain View Doctrine?
What type of searches are plain view searches?
Trick question. Plain view “searches” are really NON-searches.
What are the 2 types of plain views?
1) Search-related
2) Non-search-related
What are the 2 conditions of the Plain View Doctrine?
1) Officers are where they have a legal right to be
2) Object/evidence’s incriminating character must be IMMEDIATELY APPARENT with ORDINARY SENSES
This case established the Plain View Doctrine.
What is Arizona v. HIcks (1987)?
This case found that using a drug-sniffing dog to sniff around a vehicle is NOT a search.
What is Illinois v. Caballes (2005)?
What are the 3 unprotected places where the 4th Amendment does not apply?
1) Open fields
2) Public areas
3) Abandoned property
What are the 2 conditions for abandonment?
1) Having physically given up possession of something
2) Having intended to give up the expectation of privacy
What test is used to determine abandonment?
Totality-of-Circumstances test