Evidentiary Search and Seizure Flashcards
Is conduct of publicly paid police government conduct?
Yes.
Is conduct of a private individual acting at the direction of the public police government conduct?
Yes.
Is conduct of privately paid police governmental conduct?
Not unless the police are deputized with the power to arrest you.
Is a store security guard privately paid police?
Yes.
What must you have to object to a governmental search?
Standing to object to the search
What must you have to have standing?
Reasonable expectation of privacy
Do you have standing if you own the premises searched?
Yes.
Do you have standing if you live on the premises searched?
Yes.
Do you have standing if you are an overnight guest?
Yes.
Do you have standing if you own the property seized?
Only if you have a reasonable expectation of privacy in the item or area searched.
Do you have standing for anything that you hold out to the public every day?
No.
Do you have a right of privacy in the sound of your voice?
No.
Do you have a right of privacy in the style of your handwriting?
No.
Do you have a right of privacy in the paint on the outside of your car?
No.
Do you have a right of privacy in account records held by a bank?
No.
Do you have a right of privacy in the location of your car on a public street or in your driveway?
No.
Does the installation of a GPS device on a car constitute a search?
Yes.
Do you have a right of privacy in anything that can be seen across open fields?
No.
Do you have a right of privacy in anything that can be seen from flying over the public air space?
No.
Do you have a right of privacy in odors emanating from your luggage or car?
No.
Do you have a right of privacy in garbage set out on the curb for collection?
No.
What are the two core requirements for a facially valid search warrant?
Probable cause and particularity.
Probable cause
fair probability
Particularity
the warrant states with particularity the place to be searched and the things to be seized
