Fourth Amendment Flashcards
Katz Test: Fourth Amendment Search Test
(1) Whether the person subjectively had an expectation of privacy
(2) Whether society is willing to accept their expectation of privacy as reasonable
Third-Party Doctrine: Information Sharing
a person does not have a reasonable expectation of privacy for information voluntarily shared with a third party or that they “knowingly share with the public.
Public Exposure
what a person exposes to the public, even in his own home, is not subject to 4th Amendment protections
Curtilage Doctrine
An area associated with the sanctity of a man’s home and the privacies of life is afforded the same protections as the rest of the home
Curtilage Factors
1) proximity to the home; 2) whether the area is included within an enclosure surrounding the home; 3) the nature of the uses to which the area is put; 4) steps taken by the resident to protect the area from the observation of passerby
Open Fields Doctrine
open fields, even those attached to a home, are not subject to 4th Amendment protections.
Seizure of Property
a meaningful interference with an individual’s possessory interest in that property
Seizure of a person
A person is seized by means of force or a showing of authority that terminates or restrains freedom of movement—so long as the detention is willful and not merely the consequence of an unknowing act
General Rule for a Seizure
when in view of all of the circumstances a reasonable person would have believed they were not free to leave
Constructive Detention
Mere touching of the other person with the intent of making an arrest, even if unsuccessful, results in a seizure. California v. Hodari.
An attempted arrest, that does not apply any force or make physical contact, does not constitute a seizure if D does not yield. California v. Hodari.
The application of physical force to restrain amounts to a seizure, but such a seizure only lasts as long as the application of the force. Torres v. Madrid.
Warrants: Generally
(1) 4th Amendment reasonableness is established when the police act pursuant to a warrant supported by probable cause
(2) Searches without prior approval are per se unreasonable–subject to a few specifically established and well-delineated exceptions. Arizona v. Grant.
Probable Cause
“It is enough that there was a fair probability”–determined by evaluating the totality of the circumstances.
Limited Scope of a Warrantless Entry
the scope of a warrantless search of a __ is defined by the object of the search and the place s in which there is probable cause to believe that it may be found.
Warrantless Entry into the home of a warrantee
An arrest warrant allows for a limited ability to search their home when there is reason the suspect is within the home–in order to effectuate the arrest; BUT in the absence of exigent circumstances, such an entry is not permssible into the home of a third party
Warrants: Oath and Affirmation
Application: Application for the warrant must include sufficient facts for a magistrate to find probable cause for a search.
False Statements: D may make a substantial preliminary showing that a false statement was recklessly or intentionally made in the application–which was necessary to the finding of probable cause–and have a hearing at the D’s request
Findings in Plain View
During a search: items with “incriminating character [that] is immediately apparent” may be seized–so long as the 4th Amendment was not violated in the observation
Hot Pursuit
police may pursue a fleeing suspect into a home when they have probable cause to make an arrest and the attempted arrest began in a public space
Hot Pursuit (misdemeanors)
treated on a case-by-case basis by analyzing a totality of the circumstances–whether pursuit was reasonable (nature of the crime, nature of the flight, and the surrounding circumstances)
Emergency Aid
police may enter a home without a warrant when they have an objectively reasonable belief an occupant is seriously injured or imminently threatened with such injury
Destruction of Evidence
Police may force a warrantless entry into a home when they have reasonable belief that evidence of the crime is being destroyed
Search Incident to Arrest: Person
Where there is probable cause for an arrest, police may search the seized person without any further probable cause
Search of Home/Arrested Areas Incident to Arrest
The home and surrounding area may be searched
(1) for the safety of officers on the crime scene
(2) in spaces where there is probable cause to believe an immediate attack could be launched
(3) and only to the extent necessary to inspect the space
Search of Automobile Incident to Arrest
Automobiles may only be searched incident to arrest when
(1) there is a concern of community safety of a potential weapon in the vehicle; or
(2) when there is probable cause to believe there is evidence of the crime for which the person was arrested in within the vehicle
Unwarranted Vehicle Search Factors:
- Ready mobility of the home
- The presence of the vehicle in the setting objectively indicates it is being used for transportation
Vehicle Search Scope
Limited to the object of the search, and probable cause regarding where that object might be found. For example, probable cause for contraband gives reason the search the entire car. Probable cause for a particular item limits the search to that item; subject to in-plain-view findings.
Consent: Common Authority
Absent party: consent given by one person with common authority is valid against the absent person with common authority
Present party: when two or more parties with common authority are present, and at least one party rejects consent, then the rejected consent predominates any other response
Reasonableness/Parties Without Authority: if police, under the circumstances, reasonably believe the person granting consent has common authority–even if they do not–then the search is permissible under the 4th Amendment
Giving Consent
The totality of the circumstances to determine whether the consent given was (1) voluntary (2) and uncoerced [express or implied]
Revoking Consent
Intent to withdraw consent must be made by an unequivocal act or statement; inconsistent with the apparent consent to search
Scope of Consent
Totality of the circumstances test: The scope of which a reasonable person would have understood under the circumstances was allowed based on the expression of consent given
Terry Stop Doctrine:
(1) Reasonable suspicion that the person poses a danger OR reason to suspect that have, or will commit a crime
(2) Lack of reason to dispel of the suspicion during the events
Terry Doctrine: Limited Scope
The stop and frisk is done to reveal weapons without further probable cause
Additional findings are only to be made if in plain view–where its nature is immediately apparent
Special Needs Doctrine (Balancing Test)
- Seriousness of the state/government interest
- Means of the system to advance the interest
- Extent of the invasion or intrusion of the party’s rights
Special Needs: School
Expectation of Privacy: The interest of a student is significantly lessened within the school setting
Reasonability factors:
(1) Measure and scope are reasonably related to the objectives
(2) Not excessive in light of age, sex, and nature of the alleged infraction
Special Needs: Probation and Parole
Expectation of Privacy: persons on probation and parole have a lesser expectation of privacy as afforded per the balancing test
Reasonability for Probation: searches of persons on probation, and even their homes, require no more than a reasonable suspicion (without a warrant)
Reasonability for Parole: suspicionless searches are permitted because they are legally in the custody of the state during parole–as external prisoners–and may be searched without any cause or condition
Standing (4th Amendment)
Standing exists whenever the party raising it has an accepted/objective expectation of privacy in relation to the premises/object(s) searched or seized
