Criminal Defendant's Rights: Unreasonable Search and Seizures

Question 1

Protection from Unreasonable Searches and Seizures: In General

Answer 1

Courts consider solely whether the search is UNREASONABLE

NO REGARD given to the existence of a reasonable expectation of privacy

Question 2

Protection from Unreasonable Searches and Seizures: Reasonableness Analysis

Answer 2

Unreasonableness of a search is determined by the totality of circumstances:

(1) Degree of CONCERN, SUSPICION, OR KNOWLEDGE that a violation has occurred;
(2) DEGREE OF INTRUSION the method of the search or seizure imposes on the citizen’s ordinary activities; and
(3) Extent of LAW ENFORCEMENT NEEDS

Question 3

Searching Trash

Answer 3

Trash must be retrieved in substantially the same manner as the trash collector would take it

Officer must have REASONABLE SUSPICION that trash has evidence of a crime

Question 4

Secondary School Students

Answer 4

Random, suspicionless testing of secondary students at public schools who engage in co-curricular or extracurricular activities or who drive themselves to school IS REASONABLE

Question 5

Checkpoints

Answer 5

Six-Factor Test to Determine if Reasonable:

(1) Existence of a NEUTRAL PLAN approved by appropriate officials;
(2) OBJECTIVE, LOCATION, AND TIMING of the checkpoint;
(3) DEGREE OF DISCRETION police officer has in conducting the roadblock;
(4) DEGREE OF INTRUSION on drivers;
(5) Operation of roadblock under SAFE CONDITIONS; and
(6) EFFECTIVENESS of checkpoint

Question 6

Canine Sniff of Residence

Answer 6

Officers must have REASONABLE SUSPICION to conduct a warrantless canine sniff of the outside of a residence