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.
What is probable cause under the Fourth Amendment?
A reasonable person would conclude it is more probable than not that a crime occurred.
- Police suspect Jon has cocaine in his closet but search without a warrant. Is the evidence admissible? No, Fourth Amendment violation.
What is the plain view exception to the Fourth Amendment?
Police may seize evidence if:
1. They are lawfully present at the location.
2. The evidence is in plain view.
Example: Marijuana on the stairs during a lawful search.
When is a protective sweep allowed?
- During a lawful entry if police reasonably believe other dangerous individuals are present.
- Jon is known to have bodyguards in his home. Police find cocaine while sweeping for safety. Is the search valid? Yes, under the protective sweep doctrine.
What are the exceptions to the warrant requirement?
(SPACES)
1. SILA (Search Incident to Lawful Arrest): Immediate control area or vehicle if evidence is believed to be present.
2. Plain View: Evidence seen from a lawful position.
3. Automobile Exception: Probable cause allows searching a vehicle or containers.
4. Consent: Voluntary and given by someone with authority.
5. Exigent Circumstances: Prevent harm, destruction of evidence, or pursue a fleeing felon.
6. Stop and Frisk: Reasonable suspicion of criminal activity.
When can consent justify a warrantless search?
- Consent must be given by someone with control or apparent authority over the property.
- A present co-occupant can refuse, but a non-present co-occupant cannot.
- Jon’s roommate allows police to search their shared kitchen: Valid consent.
- Jon is home and refuses: Search not valid.
What is required for an automobile stop?
Reasonable suspicion of wrongdoing.
What is required for a valid stop and frisk?
Stop: Reasonable suspicion of criminal activity.
Frisk: Reasonable belief the person is armed and dangerous.
When can police search a car without a warrant?
If there is probable cause for contraband or evidence of a crime.
Police cannot search during a routine traffic stop unless there is evidence of another crime.
What does the exclusionary rule do?
- Excludes evidence obtained through Fourth Amendment violations.
Exceptions:
1. Good faith reliance on a defective warrant.
2. Independent source doctrine.
3. Inevitable discovery.
