Criminal procedure

Question 1

Search and seizure global issues

Answer 1

(1) whether search or seizure is governed by fourth amendment
(2) whether a search or seizure conduct with a warrant satisfies fourth amendment requirements
(3) whether a search or seizure conducted without a warrant satisfies fourth amendment requirements
(4) the extent to which violative evidence will be nonetheless admissible

Question 2

Is the search or seizure governed by the fourth amendment

Answer 2

(1) was the search or seizure executed by a government agent?
(2) was the search or seizure of an area or item protected by the fourth amendment
(3) did the government agent: (i) physically intrude on a protected area or; (ii) violate an individual’s reasonable expectation of privacy in a protected area or item
(4) did the individual subjected to the search or seizure have “standing” to challenge the government agent’s conduct?

Question 3

Categories of government agents

Answer 3

(1) publicly paid police
(2) private citizens if and only if they are acting at the direction of the police
(3) private security guards if deputized with power to arrest
(4) public school administrators

Question 4

Protected areas

Answer 4

(1) persons
(2) houses
(3) papers
(4) affects

Question 5

Unprotected items (PAAGVOHO)

Answer 5

(1) paint scrapings
(2) account records held by a bank
(3) public air space
(4) garbage
(5) voice
(6) odors
(7) handwriting
(8) open fields
Think knowing exposure to third parties