Constitutional definition of a search Flashcards
Law enforcement searches do not become subject to constitutional regulation until three conditions are met
1) State action
2)Reasonable expectation of privacy
3) Standing
The protection of the Fourth Amendment of the US constitution is fully applicable to a search and seizure by a private party who ….
Acts as an agent of law enforcement
Private parties only become agents of the police when they conduct a search at the ______,_________ or _______ of officers
1) Direction
2) Encouragement
3) Instigation
Medical personnel do not become agents of the police even though they discover evidence, if their procedures were undertaken for ______ ______
Routine treatment
Public school administrators must follow constitutional guidelines when making a search because they are ……
Government officials enforcing laws
The Fourth Amendment and Article 14 are clear about what is protected from unreasonable police intrusion. These three areas merit constitutional protection because they are where citizens typically have a reasonable expectation of privacy
1) Body
2) Home
3) Possessions
The four Constitutionally recognized justifications to enter private areas are
1) Search Warrant
2) Consent
3) Exigent Circumstances
4) Another exception to the warrant requirement
In order for a place to enjoy the protection of the US constitution Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights, the privacy expectations must be one that society considers ________ _______
Objectively Reasonable
In deciding whether an expectation of privacy exists, what should officers ask themselves on the street ?
Am I entering an area or doing something that a member of the public might reasonably do
Treatment and safekeeping are two different scenarios when talking about clothes in the hospital. Clothes cut off for treatment aren’t considered a search. But clothes kept for safekeeping is considered a _______
Search
True or False. Police may conduct an administrative search of any car in a parking lot as long as a sign conspicuously advises “ Warning: all vehicle beyond this point are subject to search”
False
(The search must be regulated by a policy if they don’t occur at the entrance )
A probation Officer may search a probationers _______ pursuant to a search warrant based on a reasonable suspicion in Massachusetts
Home
(A police officer may search probationer on less then a probable cause, but only if they is assisting a probation officer, probation officers still need a warrant to search a probationer’s home but only one based on reasonable suspicion)
True or False ? A probationer maintains a privacy interest in his cell phone
False
Based on a reasonable suspicion of a parole violation a parole officer may _______ a parolee’s home without a warrant
search
Officer must have _______ or consent to a search a person for evidence. Officers need _______ to frisk for their own protection
Probable Cause
Reasonable suspicion
What constitutes a dwelling is more than just the area within the walls of the physical structure of the home itself. Knowing what does and does not fall within the ________ is especially important for police officers because they need to separate justification- such as probable cause and a search warrant when they enter this area
Curtilage
Knowing the _______ of the curtilage is important for police officers because entry beyond that point require a warrant, consent, exigent circumstances or some other recognized exceptions to the warrant requirement
extent
A ________ is considered apart of the curtilage
Mailbox
True or False, A side yard of a multi- family home can be within the curtilage of a unit
True
_____ ______ is a term of constitutional origin that refers to any area beyond the curtilage, It is where the citizen no longer enjoys a reasonable expectations of privacy
Open Fields
A citizen does _____ a reasonable expectation of privacy in the exterior walls of the multi unit building in which he lives
Not
The Police preform a warrantless inspection of a vehicle that is parked in a private driveway and discover illegal drugs inside. The driveway is visible from a busy public street and access to the driveway is not blocked by a gate or other obstructions. The vehicle inspection was proper because ……….
the owner of the vehicle has no reasonable expectation of privacy in this location
True or false .Constitutional protection against unreasonable searches applies to commercial premises, including all areas where the business owner has established clear property ownership
False
(The issue is not ownership, it is whether the area is “private”)
A _____ ___ ____ should only occur during normal visiting hours
Knock and talk
Using binoculars to observe activities in a private dwelling _____ infringe on an expectations of privacy
Does
Police do not violate an individuals privacy by engaging in aerial surveillance from a ________ altitude consistent with ________ regulations
Reasonable
FAA
Before a police officer may insert a key into the lock of a residence, the officer must have
A reasonable suspicion
Police receive a tip that cocaine is being processed for illegal sale in a home, but they are unable to verify it. May police bring a K9 handler and his drug sniffing dog to the home for an exterior sniff on the front porch
No the use of a drug sniffing dog in this manner would be a search of the home without a warrant
Without permission, Stanley wirelessly connects to his neighbors internet router and shares child pornography files over the internet. Police use mobile tracking software to determine that the stolen signal is coming from Stanley’s apartment . Were Stanley’s privacy rights violated ?
No, Stanley’s conduct was not confine to the interior of his home and he was engaged in virtual trespass with no expectation of privacy
Under the Fourth Amendment, items in the United States mail, including express mail packages may be exposed to trained narcotics dog if ……
A reasonable suspicion exists to detain the letter or package
The federal rule for standing can be summarized by _______ _____ ___ _____
Reasonable expectation of privacy
The Supreme Judicial court may inerpret the state constitution to provide more expansive protections than the federal constitution. Specifically, it did so in Comm v. Amendola which confers “automatic standing” on any defendant accused of …..
A possessory offense
( Drug/firearm possession)
Under the standing rule used by Massachusetts courts, a defendant would not have standing to object to a search if that defendant was charged with ______, and the search was directed toward another person in an area where the defendant had no reasonable expectation of privacy
Conspiracy
What is target standing ?
The police purposely engaged in illegal conduct to “get” the defendant
(Think of the mob, illegally going after henchmen to get to the big boss)
True or False. Poor police behavior must be blatant to justify a defendants assertion of target standing
True
Once shipped and legally opened no need for a _________ to repopwn
Upon delivery
Warrant
(Checked package when in possession of third party shipper. No need for warrant once it arrives to defendant unless there is a substantial likelihood that the contents have been changed)
