Criminal Procedure

Question 1

Fourth Amendment

Answer 1

Protects the people from unreasonable searches and seizures.

Question 2

Warrant Presumption

Answer 2

When police act pursuant to a warrant based on probable cause, their conduct is presumptively reasonable. This presumption of reasonableness is rebutted only if the defendant can show a defect in the warrant or warrant process.

Question 3

Seizure

Answer 3

A seizure is indicated by government action that results in a “meaningful interference” with a possessory interest.

Question 4

Seizure of a Person

Answer 4

When police interaction with a person would indicate to a reasonable person in that situation that they would not feel free to leave or terminate the police encounter, the individual has been seized.
Normally indicated by either the police applying physical force to the individual or the police showing authority followed by submission.

Question 5

Search

Answer 5

A search is a legal term of art that requires analysis of where and how the government sought to gather evidence.
-Remember there is a difference between looking and searching for evidence.
-A search may be done just by touching

Question 6

Search-trespass

Answer 6

A search occurs when police seek to find evidence and either:
-physically trespass on an individual’s “person, papers, home, or effects (chattel property),” even if that property is exposed to the public; or
-intrude upon the individual’s reasonable expectation of privacy

Question 7

Reasonable Expectation of Privacy (REP)

Answer 7

REP requires that:
-the defendant manifests a subjective expectation of privacy by making an effort to the shield thing or activity the police are looking for from the public; and
-the expectation is objectively reasonable because it is an expectation society is willing to recognize as legitimate.

When the thing the police are looking for is exposed to the public by the individual, there is no reasonable expectation of privacy.