Final Study Sesh Flashcards
4th Amendment Rule
People have the right to be secure in (1) persons, houses, papers, and effects against (2) unreasonable searches and seizures. The police have to obtain a warrant that must be based on (1) probable cause supported by (2) oath / affirmation and (3) particularly describes the place to be search and the person or things to be seized, unless a warrant exception applies.
Katz Two Step
The court will apply a two step test to determine if a person has been searched in violation of the 4th amendment. First, the court will ask, was there a subjective expectation to privacy? If so, was the expectation objectively reasonable based on society’s expectation. Katz plus tells us that a trespass on effects is also a search (Jones).
Curtilage Rule
The open fields doctrine does not extend to the curtilage of a person’s property. The four Dunn factors guide the court in determining curtilage: (1) proximity of the “curtilage” to the home, (2) whether the area is included in the enclosure surrounding the homes, (3) nature of the uses to which the area is put, (4) steps taken by the resident to protect the area from observation
The court has determined there is no REP for:
- Open fields
- Aerial surveillance
- Information transmitted to 3rd parties (except cell phone location Carpenter)
- Financial records sent to 3rd party
- Pen registers
- Search of trash
- Public behavior (like driving a car)
- A dog sniff at a traffic stop or in a public place (not at a home)
The Court has Determined that a Search DOES Occur when: (there is a REP)
- Thermal imaging – or tech not publicly available
- Cell phone location data (Carpenter)
- A dog sniff at a home without a warrant
Probable Cause Rule
To establish probable cause, the court will look to the totality of the circumstances. To determine if a police officer had probable cause, the court examines events leading up to the arrest viewed as an objectively reasonable police officer. The officer has to have a fair probability that there was criminal activity.
*The police are allowed to make reasonable mistakes of law and these reasonable mistakes will not invalidate a seizure under the 4th A.
Warrants Rule
A warrant must be based on (1) probable cause that is supported by (2) oath / affirmation and the warrant must (3) particularly describe the place to be searched and (4) on the face of the warrant the persons or the things to be seized. To particularly describe the place, the warrant must contain a description of the place to be searched, but that can be a broad description. An anticipatory warrant can be obtained, so long as the police have probable cause that specific items will be at a specific place and that the warrant will be carried out if certain events take place.
Executing a Warrant Rule
The police are allowed to make honest and reasonable mistakes when executing a warrant. Police are allowed to detain and question people in the immediate vicinity while executing a warrant. Three factors help the court determine immediate vicinity: (1) within lawful limits of the property, (2) within sight of the police officers, and (3) ease of entry to the area.
Knock and Announce Rule
The police are supposed to (1) knock and announce a search warrant and (2) wait a reasonable period but can skip if they think that it will lead to danger, futility, or destruction of evidence. Also, the exclusionary rule will not apply to a knock and announce violation.
Exigent Circumstances Rule & Three Types
A warrant is not needed in a situation where there is no time to get a warrant if the police have probable cause.
Hot pursuit – The police do not need to get a warrant to search if they are chasing someone immediately after a crime, but not a minor offense, with a continuous pursuit if the search is contemporaneous with discovery of suspect and the police search where they reasonably believe suspect will be.
Safety – Police can enter without a warrant if they have an objectively reasonable basis to believe the occupant needs help.
Destruction of evidence – Police can enter and search if they believe the evidence will be destroyed, unless they created the circumstance in which the evidence might be destroyed. A DUI blood draw does NOT count as a destruction of evidence exigent circumstance.
Exceptions to Warrants:
- Plain view
- Plain touch
- Cars
- SILA / Grab Areas (Robinson) (Robinson does not extend to entire house or cell phones)
- Inventory searches
- Protective sweeps
- Consent searches
Special Needs - No Warrants Needed For:
- Code enforcement
- Biz records of a closely regulated biz
- Border searches (anytime, can detain if reasonable suspicion criminal activity)
- DUI checkpoints (not drugs) (terrorists, witness, child abduction, and undocumented people search is ok)
- School search (reasonable suspicion)
- Government employees
- DNA checks at booking if minimally invasive
- Jail strip searches (anytime)
- Probation (need reasonable suspicion)
- Parole (anytime)
Arrests Rule
Police can arrest a person without a warrant if the police have probable cause and the arrest is made in public. The police are allowed to arrest for misdemeanor offenses.
Terry Stops Rule
Police can stop a person and briefly detain the person if they have reasonable suspicion based on the totality of the circumstance that criminal activity is afoot, which is more than a “hunch.” The police can ask for your ID during a Terry stop.
Exclusionary Rule
Material obtained deliberately or recklessly in violation of the constitution cannot be introduced against a criminal defendant and will be excluded as “fruit of the poisonous tree.” This rule does not apply to knock and announce, when the police negligently fail to follow 4th A, or act in good faith.
