Constitutional Protections — Fourth Amendment Flashcards

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1
Q

What does the Fourth Amendment protect against?

A

It protects against unreasonable searches and seizures by the government or its agents.

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2
Q

When does the Fourth Amendment apply?

A

When there is:
1. Government action, or
2. A private party acting as an agent of the government.

  1. You search Jon’s bag without his permission: Not government action, no Fourth Amendment violation.
  2. Police direct you to search Jon’s closet: Government action, Fourth Amendment applies.
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3
Q

What constitutes a search under the Fourth Amendment?

A

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.
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4
Q

What constitutes a seizure under the Fourth Amendment?

A
  1. When a reasonable person believes they are not free to leave.
  2. When the government exercises control over property.
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5
Q

When does a person have a reasonable expectation of privacy?

A

In places they own or possess, such as their homes, vehicles, or personal possessions.

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6
Q

What places have no REOP?

A

Areas held out to the public, like:
- Conversations.
- Discarded trash.
- Open fields.

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7
Q

What is curtilage, and when does it apply?

A

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.

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8
Q

Is there REOP in open fields?

A

No. Open fields, even visible areas like barns, are exposed to the public.

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9
Q

When is technology allowed in searches?

A
  • Allowed: Common tools like binoculars or telescopes.
  • Not Allowed: Specialized tools like thermal imagers that violate REOP.
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10
Q

When is eavesdropping allowed under the Fourth Amendment?

A
  • Allowed: Listening through walls or overhearing conversations.
  • Not Allowed: Electronic surveillance without a warrant.
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11
Q

When are dog sniffs permitted?

A
  • Allowed: Luggage or cars during legitimate stops.
  • Not Allowed: Using dogs to sniff homes without a warrant or exception.
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12
Q

What are the requirements for a valid search warrant?

A
  1. Issued by a neutral magistrate.
  2. Based on probable cause.
  3. States with particularity the place to search and items to seize.
  4. Cannot exceed the scope.

  • Police must “knock and announce,” but failure to do so doesn’t invalidate the warrant.
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13
Q

Is a warrant always required for an arrest?

A

No, a warrant is only required to arrest someone in their home.

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14
Q

What is required for a routine stop?

A
  • Reasonable suspicion for vehicle stops.
  • Checkpoints allowed with neutral standards.
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15
Q

When are checkpoints allowed?

A
  • If based on a neutral method (e.g., DUI, immigration checks).
  • Cannot target individuals arbitrarily.
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16
Q

What is probable cause under the Fourth Amendment?

A

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.
17
Q

What is the plain view exception to the Fourth Amendment?

A

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.

18
Q

When is a protective sweep allowed?

A
  • 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.
19
Q

What are the exceptions to the warrant requirement?

A

(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.

20
Q

When can consent justify a warrantless search?

A
  • 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.
21
Q

What is required for an automobile stop?

A

Reasonable suspicion of wrongdoing.

22
Q

What is required for a valid stop and frisk?

A

Stop: Reasonable suspicion of criminal activity.
Frisk: Reasonable belief the person is armed and dangerous.

23
Q

When can police search a car without a warrant?

A

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.

24
Q

What does the exclusionary rule do?

A
  • Excludes evidence obtained through Fourth Amendment violations.

Exceptions:
1. Good faith reliance on a defective warrant.
2. Independent source doctrine.
3. Inevitable discovery.