Constitutional Protections — Fourth Amendment Flashcards
What does the Fourth Amendment protect against?
It protects against unreasonable searches and seizures by the government or its agents.
When does the Fourth Amendment apply?
When there is:
1. Government action, or
2. A private party acting as an agent of the government.
- You search Jon’s bag without his permission: Not government action, no Fourth Amendment violation.
- Police direct you to search Jon’s closet: Government action, Fourth Amendment applies.
What constitutes a search under the Fourth Amendment?
Government intrusion into a place where there is a reasonable expectation of privacy (REOP).
- Flying a helicopter over a field and seeing marijuana: Not a search (no REOP).
- Searching a tepee or home: Search, as REOP exists.
What constitutes a seizure under the Fourth Amendment?
- When a reasonable person believes they are not free to leave.
- When the government exercises control over property.
When does a person have a reasonable expectation of privacy?
In places they own or possess, such as their homes, vehicles, or personal possessions.
What places have no REOP?
Areas held out to the public, like:
- Conversations.
- Discarded trash.
- Open fields.
What is curtilage, and when does it apply?
Curtilage is the area near a home where there is REOP.
Determined by:
1. Proximity to the house.
2. Fencing or walls.
3. Nature of use of the area.
4. Steps taken to protect privacy.
Is there REOP in open fields?
No. Open fields, even visible areas like barns, are exposed to the public.
When is technology allowed in searches?
- Allowed: Common tools like binoculars or telescopes.
- Not Allowed: Specialized tools like thermal imagers that violate REOP.
When is eavesdropping allowed under the Fourth Amendment?
- Allowed: Listening through walls or overhearing conversations.
- Not Allowed: Electronic surveillance without a warrant.
When are dog sniffs permitted?
- Allowed: Luggage or cars during legitimate stops.
- Not Allowed: Using dogs to sniff homes without a warrant or exception.
What are the requirements for a valid search warrant?
- Issued by a neutral magistrate.
- Based on probable cause.
- States with particularity the place to search and items to seize.
- Cannot exceed the scope.
- Police must “knock and announce,” but failure to do so doesn’t invalidate the warrant.
Is a warrant always required for an arrest?
No, a warrant is only required to arrest someone in their home.
What is required for a routine stop?
- Reasonable suspicion for vehicle stops.
- Checkpoints allowed with neutral standards.
When are checkpoints allowed?
- If based on a neutral method (e.g., DUI, immigration checks).
- Cannot target individuals arbitrarily.