Chapter 3: Search and Seizures

Question 1

The investigation and prosecution of crime typically requires the collection of _____________. This could be ___________, or _______________ evidence.

Answer 1

evidence; physical; testimonial

Question 2

Collecting _________ and ___________ evidence may prove a challenge in of itself. Investigators may face situations in which:

____________ evidence could lead to any number of yet-to-be-identified ______________.

_____________ may disappear, or not __________ w/ police.

____________ may not be comfortable/willing to cooperate in giving an __________ of what they saw to officers.

Answer 2

physical; testimonial; physical; suspects; suspects; cooperate; eyewitnesses; account

Question 3

Investigators typically rely on each of the following methods when met with the aforementioned obstacles.

Answer 3

1) Search and Seizures

2) Interrogations

3) Identifications

Question 4

1) Search and Seizures

Answer 4

police may search and seize evidence in accordance w/ 4th Amendment.

Question 5

2) Interrogations

Answer 5

police are allowed to questions suspects, and eyewitness about what they saw during commission of crime.

Question 6

3) Identifications

Answer 6

Police may ask eyewitness to identify potential suspect through lineups, showups, and photographs.

Question 7

Search and Seizure Definition

Answer 7

procedures that allows criminal justice system to obtain evidence that would aid the investigation and prosecution of crime.

Question 8

1 Instrumentalities of Crime

Kinds of Evidence that can be Seized from Crime:

Answer 8

Instruments used by defendants during commission of crime.

e.g. firearms, cars, etc.

Question 9

2 Fruits of Crime

Kinds of Evidence that can be Seized from Crime:

Answer 9

Things that defendants gained from commission of crime.

e.g. stolen computers, duffle bags of stolen cash from a bank vault, etc.

Question 10

3 Contraband

Kinds of Evidence that can be Seized from Crime:

Answer 10

Illegal drugs gathered from crime scene.

Question 11

4 Evidence of Criminal Activity

Kinds of Evidence that can be Seized from Crime:

(just give examples)

Answer 11

• gun powder
• smeared/spattered blood
• drugs lifted from a shirt

Question 12

5 Incriminating Statements

Kinds of Evidence that can be Seized from Crime:

Answer 12

Statements that can be used against defendant in court.

(i.e. sentences recorded by electronic surveillance)

Question 13

3 Steps in Analyzing Criminal Procedure of search and seizure:

Exclusion from evidence: If evidence was seized _______________, then does the ____________ rule prohibit the ______ of this evidence, or is it still admitted to trial court?

Definition: did the government conduct _________ and ___________ as _________ by the ___th Amendment.

Reasonableness: Was the ________ and ___________ considered ___________? Was it lawfully conducted?

Answer 13

unreasonably; exclusionary; usage

search; seizure; defined; 4th;

search; seizure; reasonable

Question 14

Search

Answer 14

governmental intrusion on one’s expectation of privacy.

Question 15

Seizure

Answer 15

when a person would not feel free to leave, or otherwise terminate the encounter.

Question 16

General Warrants

Answer 16

warrants issued by judge allowing colonial forces to search anytime anywhere.

Question 17

Writs of Assistance

Answer 17

Documents by (American) British official colonial forces compelling police AND citizens to assist/aid in carrying out searches.

Question 18

___th Amendment was meant to prohibit the use of _____________ ______________ and ___________ of ______________, declaring that from now on searches may be permitted only when there is a ___________ issued by a ___________ official on the grounds of ______________ ________________ to believe there is ___________ or ______________ in a particular location / time.

Answer 18

4; general warrants; writs; assistance; warrant; judicial; probable cause; evidence; contraband

Question 19

What are ‘Special Needs’ Searches?

Answer 19

Searches officers are allowed to conduct w/o a warrant.

Searches meant to protect the public safety instead of collect evidence.

E.g. includes searches at Airport, Border between U.S. and Mexico, & U.S. and Canada.

Question 20

Approach(es) to the 4th Amendment

Answer 20

Property Rights Approach / Trespassory Approach

Question 21

Property Rights / Trespassory Approach

Answer 21

Established in Boyd v. U.S.

An approach to 4th Amendment protections that protects individuals from trespass / physical intrusion, and seizing of persons, possessions, and effects.

Question 22

In Olmstead v. US, (1928), Olmstead was engaged in the illegal ____________, _______, and ___________ of alcohol in the United States (by this time, 18th Amendment and the Volstead Act of 1920 had been passed illegalizing alcohol in the U.S.).

Olmstead made several ________calls during his illegal activity, that police eventually ______________ and listened to through the ___________ of telephone ________.

Olmstead was later arrested for his manufacture, sale, and distribution of alcohol, but he moved to ____________ evidence gathered by authorities, on the grounds that the wiretapping was an _______________ search and seizure under the 4th Amendment.

Supreme Court ruled in favor of the U.S., holding that there was no ____________ intrusion on the ____________ of Olmstead. The search couldn’t be said to intrude upon his ___________ because the evidence of crime was gathered through _________ telephone __________.

At this point in time, an unreasonable search and seizure ONLY covered those intrusion which were physical ___________ onto one’s person, into property, possessions, or effects.

Answer 22

manufacture; sale; distribution

phone; wiretapped; wires; polls

suppress; unreasonable

physical; privacy; privacy; public; polls

penetration

Question 23

In Katz v. United States, (1967), Charles Katz suspiciously frequented 2 telephone booths.

Federal authorities became increasingly suspicious of how many times per day Katz would use the ___________, and decided to _____________ the booth by placing a ___________ on the _______ of the booth.

FBI even rented a hotel room next to Katz’s, where they used the ___________ wall to overhear phone calls he would make where authorities overheard things like “Miami +1” and “Boston -3.”

The FBI had then confirmed their suspicions that Katz was engaged in the transmission of ____________ information across state lines between Los Angeles and Miami, which amounted to _____________ gambling.

FBI received a warrant, searched through Katz’s belongings, and found evidence of ______________ information. He was arrested and charged under the proper state statutes.

Katz moved to suppress evidence on the grounds that ______________ the phone booth was an unreasonable search and seizure.

The Supreme Court ruled in favor of Katz, saying the phone booth, even though it is a public ______________, still receives full ____th Amendment protection when a temporary _____________ pays to use it. Though one can see through the glass phone booth, the privacy is about the “______________ ear.” The court established the _____________ of ____________ test, and held that Katz had a _____________ _____________ of _____________ that when he shut the door to the phone booth, no one would be listening to the call. Society ____________ recognizes this expectation of privacy as ______________.

Changing it’s tune from the Olmstead ruling, the Supreme Court decided that the way ____________ under the 4th are defined must ___________. Searches and seizures cannot be relegated to ONLY _____________ intrusions.

Answer 23

booth; wiretap; microphone; top

common

wagering; illegal

wagering

wiretapping

accommodation; 4th; occupant; uninvited; expectation; privacy; reasonable expectation; privacy; objectively; reasonable

intrusions; evolve; physical

Question 24

Expectation of Privacy Test

Answer 24

Two-fold Test: there must be subjective and objective recognition.

Subjective
1. Individual exhibits an expectation of privacy.

Objective
2. Society is ready to recognize this expectation of privacy as reasonable.

Question 25

Plain View Doctrine

Answer 25

Allows law enforcement to seize evidence without obtaining a warrant on Two Conditions. Two-fold requirement: Legally situated: Officer has a right to be where he/she is situated. Probable Cause: Officer has probable cause to believe that an object is evidence of crime. Probable cause must be apparent by (merely) seeing the object.

Question 26

Plain Feel Doctrine

Answer 26

Officer is allowed to seize evidence without a warrant after patting down suspect and concluding he/she has encountered narcotics (finding it on their person).

Question 27

Plain Smell Doctrine

Answer 27

Officer may seize evidence without a warrant if the readily apparent smell of drugs or alcohol is coming from a vehicle/automobile. One does not have a reasonable expectation of privacy who him/herself, or their vehicle smells of illicit narcotics, or alcohol.

Question 28

Plain Hearing Doctrine

Answer 28

When person does not have a reasonable expectation of privacy and law enforcement hears their statement.

Question 29

Parts of Home divided into 3 & the 4th Amendment Protections of each division:

Answer 29

**Open Field** - The land outside of the home. - Officers do not need a warrant to enter. **Home** - Structure/dwelling given full 4th amendment protection. - Search warrant, in most instances, required to seize evidence. **Curtilage** - The land immediately surrounding the home, and is considered part of the home. - Has no privacy expectation from surveillance.

Question 30

3 Property Categories that Receive NO Protection under Privacy Protections under the 4th Amendment:

Answer 30

**Public Property** - No reasonable expectation of privacy there. - Officers do not need a warrant to search/seize evidence. **Commercial Property** - Officers may search stores / buildings open to the public w/o a warrant. - For parts of the building where employees work, officers need a warrant to search those areas. **Abandoned Property** - Property that was purposefully abandoned has no reasonable expectation of privacy. - Officers are free to search the area without a warrant.

Question 31

In *California v. Greenwood*, (1988), Billy Greenwood was engaged in illegal ___________ activities. Greenwood discarded evidence of these _______________ activities in his __________ cans, which are subject to pick-up and disposal by garbage collectors, a __________ party. Police, asked the garbage collector not to mingle with the _____________ picked up from the street where Greenwood lived, and requested the collector turn over the ___________ to them once it's collected. Police ended up finding ___________ -related paraphernalia. So the police got a warrant, and searched Greenwood's home finding ___________ and more __________ of ______________. Greenwood moved to suppress the evidence found on the grounds that searching through one's garbage on the street outside the home is a violation of the 4th Amendment right against unreasonable search and seizure. The Court ruled that one ____________ the ______________ of ____________ once placing their ____________ on the street for pickup by a garbage collector.

Answer 31

narcotics narcotics; garbage; third garbage; garbage narcotics; narcotics; evidence; narcotics loses; expectation; privacy; garbage

Question 32

Open Fields

Answer 32

Distant Land outside of homes. Does not have reasonable expectation of privacy, and officers don't need a warrant to go on this land.

Question 33

Curtilage

Answer 33

Land immediately outside of home, and considered apart of the home. intimately tied to the "sanctity of the home and privacies of life." intimately tied to the house itself, and receives privacy protections, but has no privacy protection from aerial surveillance.

Question 34

The ____________ and _______________ receive different ______________ of protection.

Answer 34

home; curtilage; degrees

Question 35

_____________ cans, and particular the items found in them, reveal things that are so closely tied to the ______________ activities of _____________ life, however, since these items have been discarded, _____________ does not have a ______________ expectation of ______________, and receives ______ protection under the ____th Amendment. ___________________ searches may be conducted into ______________ left alongside the _____________ of one's home.

Answer 35

garbage; intimate; private; garbage; reasonable; privacy; NO; 4; Warrantless; garbage; curtilage

Question 36

Subpoena Duces Tecum

Answer 36

Court order compelling the production of documents.

Question 37

Third Party Doctrine

Answer 37

People who voluntarily/willingly admit statements to a third party have no reasonable expectation of privacy, because these statements may be turned over to law enforcement w/o triggering 4th Amendment protections.

Question 38

"Assuming the Risk Doctrine"

Answer 38

Falls along the same line as the Third Party Doctrine (Basically the same thing). There's no expectation of privacy for statements voluntarily submitted to a third party. You have to assume that third parties are false friends who work for the govt, and that they will turn over your statements to the govt.

Question 39

Encounters

Answer 39

Informal police stops of individuals. Casual interaction between police and citizens not regulated by 4th Amendment.

Question 40

Standard of Proof, Justification, and Scope of Search: #1 Probable Cause

Answer 40

Standard of Proof: Probable Cause Justification: Reasonable person would conclude that a specific person committed the crime. Scope of Search: (w/ a warrant) full-body search for weapons & evidence.

Question 41

Standard of Proof, Justification, and Scope of Search: #2 Reasonable Suspicion

Answer 41

Standard of Proof: Reasonable Suspicion Justification: Reasonable person would conclude that a crime has been committed or that a crime is about to be committed. Scope of Search: stop and frisk.

Question 42

Standard of Proof, Justification, and Scope of Search: #3 Encounter

Answer 42

Standard of Proof: Encounter Justification: No justification required. Scope of Search: none; police can only ask that an individual consent a search.

Question 43

In *Kyllo v. United States*, (2001), police were tipped that Kyllo was growing ___________ on his side of a residential ____________. Typically, to achieve indoor growth of ____________, one needs to use ___________ light radiation. Officers parked their car on the street __________ to the triplex, first in the __________ of the triplex, then in the _________. They used a __________ ____________ reader, which detected varying levels of radiation. Almost everything emitted ____________ radiation, which was normal, but the device picked up _____________ more radiation from the ___________ wall, ___________, and ___________ used by Kyllo, more than any other residence on the street. This gave officers probable cause they needed to get a warrant and search. And search they did, and found evidence indoor ____________ growth of 100 __________ plants. Kyllo was arrested, and moved to _____________ the evidence seized charging that the use of a ____________ ___________ reader constituted an unreasonable _____________ under the 4th Amendment. The Supreme Court ruled in favor of the Kyllo, holding that the evidence picked up by _______________ devices was way more than an ordinary search, and found contents that couldn't ______________ be found other than by ______________ intrusion into the home, so it amounted to a 4th Amendment ____________. Intrusion, however ____________ is still intrusion. The Court found that the details discovered through the ______________ device were related to the _____________ privacies of life, because it related to how __________ Kyllo's home was.

Answer 43

marijuana; triplex marijuana; halide next; front; back; thermal image; infrared; significantly; exterior; roof; garage marijuana; marijuana; suppress; thermal image; search sensing; otherwise; physical; search; slight sensing; intimate; warm

Question 44

In *U.S. v. Knotts*, (1983), a group of defendants were buying tanks of chloroform, to manufacture methamphetamine. The police caught on, and asked the supplier / manufacturer to attach a transmission ___________ to the next drum of chloroform given to the defendants. The beeper was attached, and police, without using ____________, followed the defendants on road toward the cabin where the chloroform and manufacture of meth would take place. The officers ONLY used the beeper once they got ___________ to the cabin, so that they could track the defendants without __________ their cover. Officers eventually saw that the chloroform was transported to the cabin, owned by Knotts. Officers got a warrant, and arrested the defendants, Knotts included. The defendants charged that the use of a transmission _____________ amounted to an unreasonable search under the 4th Amendment. The Supreme Court disagreed, ruling in favor the U.S., holding that the use of a ___________ doesn't really constitute a search where one could achieve the same outcome of tracking the defendant's back to their cabin simply through _________ surveillance (basically, someone following you home). The Court ruled that one loses their ______________ of ____________ when sharing the road with others, who could easily track their movements as their driving to their intended destination.

Answer 44

beeper beeper closer; blowing search beeper; public; expectation; privacy

Question 45

In *U.S. v. Karo* (1984), the Supreme Court was again approached with the question on the use of transmission beepers, or more generally government issued tracking devices. The Drug Enforcement Administration (DEA) was given permission to place a beeper on cannisters of Ether (a highly flammable intoxicant, typically used as starting fuel), by the manufacturer. A cargo shipment of 50 gallons of ether were shipped to the defendants, who were planning to use the ether to make ___________. The beeper tracked every movement of the cannisters of ether, including into one's _________ locker, and other private places. Authorities obtained a warrant to arrest the defendants. The Defendants moved to suppress the evidence obtained, stating that the use of the ______________ constituted a search under the 4th Amendment. Supreme Court ruled in favor of Karo, stating that the use of the beeper did basically amount to a ______________ under the 4th Amendment. This is different from the Knotts ruling, because there the beeper was used to track someone, which could easily be done through ____________ surveillance. In this case, the beeper was used to keep tabs on where the ether was in ____________ places, that would otherwise require _____________ intrusion to find. So this was a ___________ according to the 4th Amendment, and was conducted w/o a ______________.

Answer 45

cocaine; storage beeper search public; private; physical search; warrant

Question 46

In *U.S. v. Jones*, (2012), FBI suspected Jones of narcotics offenses. The FBI attached a ___________ _______________ _____________ (aka ___ ___ ___) without consent to Jones' wife's Jeep. The Supreme Court ruled that placing a ___ ___ ___ tracker on someone's car w/o ____________ violates the 4th Amendment, amounts to a _________, and trespasses upon any _____________ of privacy.

Answer 46

Geographical Positioning System; GPS GPS; consent; search; expectation

Question 47

In *Carpenter v. U.S.*, (2018), a group of defendants, specifically Timothy Carpenter, was suspected of a series of robberies in 2011. One of the defendants were arrested, admitted to the crime, and gave the police information as to the whereabouts of the other defendants. Police seized Timothy Carpenter, and his phone. They requested that the _____________ network provider MetroPCS (one of 2 providers that Timothy used) provide the police with the ___________ ____________ ____________ ____________ (CSLI), which is capable of storing information about every __________ place Carpenter had been for the last _________ years, according to his phone. The FBI used this CSLI info and found that carpenter was located in the exact spots where the _____________ had taken place. He was arrested and sentenced to 100 yrs in prison. Carpenter challenged that the use of the CSLI info violated his 4th Amendment right against an unreasonable search, given that the search of CSLI basically amounted to a ___________. The Court ruled in favor of Carpenter, saying that the search violated the 4th Amendment. Phones have a broad ___________ _____________, and CSLI provides information on one's whereabouts down to the ____________ for the last four years. It especially provides information about where someone is in the ___________ of their home. The warrantless use of CSLI would only be justified by a ___________ _____________ search.

Answer 47

wireless; cell site location information; specific; four robberies search storage capacity; minute; privacy; special needs

Question 48

Electronic Communications Protections Act (ECPA)

Answer 48

restricts federal govt's ability to search electronic devices including cell phones (and use GPS trackers) w/o a warrant.

Question 49

In *Rodriguez v. U.S.*, (2015), Rodriguez was pulled over police because his vehicle veered off the shoulder of the highway. Police issued a ticket, and requested to walk around his car w/ a __--__ dog. Rodriguez said no, but the police requested he step out of the vehicle, and conducted the __________ anyways. Dog alerted the police to a large bag of __________________. Rodriguez was arrested for illegal drug possession, but moved to suppress claiming the dog search violated his 4th Amendment right against unreasonable search. The Supreme Court ruled that the search ______ violate the 4th Amendment, because it unreasonably _____________ the search, which was really just meant to issue a ticket for a ____________ violation.

Answer 49

K--9; sniff; methamphetamine DID; prolonged; traffic

Question 50

Making ____________ require that law enforcement have either ____________ _______________ or ____________ ____________.

Answer 50

seizures; probable cause; reasonable suspicion

Question 51

Two Types of Seizure that can be Made:

Answer 51

1. Physical Seizure 2. Show of Authority Seizure

Question 52

Physical Seizure

Answer 52

Law Enforcement takes hold of individual suspect(s) with intent to prevent them from leaving.

Question 53

Show of Authority Seizure (Est. *California v. Hodari D. (1991))

Answer 53

Established in California v. Hodari D. (1991) When law enforcement... - forces individuals to halt - forces individuals to show their weapons - restricts the movement of citizens. in a way that makes defendant's not feel free to leave or terminate an encounter. The persons being seized MUST submit to the authority of the officer.

Question 54

Mere Touch Rule

Answer 54

Established in *Torres v. Madrid*, (2021). Rule that says physical seizure takes place when physical force is applied to the body with the intent of restraining an individual, even if this attempt to restrain is unsuccessful.