Fourth Amendment

Question 1

Katz Test: Fourth Amendment Search Test

Answer 1

(1) Whether the person subjectively had an expectation of privacy
(2) Whether society is willing to accept their expectation of privacy as reasonable

Question 2

Third-Party Doctrine: Information Sharing

Answer 2

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.

Question 3

Public Exposure

Answer 3

what a person exposes to the public, even in his own home, is not subject to 4th Amendment protections

Question 4

Curtilage Doctrine

Answer 4

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

Question 5

Curtilage Factors

Answer 5

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

Question 6

Open Fields Doctrine

Answer 6

open fields, even those attached to a home, are not subject to 4th Amendment protections.

Question 7

Seizure of Property

Answer 7

a meaningful interference with an individual’s possessory interest in that property

Question 8

Seizure of a person

Answer 8

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

Question 9

General Rule for a Seizure

Answer 9

when in view of all of the circumstances a reasonable person would have believed they were not free to leave

Question 10

Constructive Detention

Answer 10

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.

Question 11

Warrants: Generally

Answer 11

(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.

Question 12

Probable Cause

Answer 12

“It is enough that there was a fair probability”–determined by evaluating the totality of the circumstances.

Question 13

Limited Scope of a Warrantless Entry

Answer 13

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.

Question 14

Warrantless Entry into the home of a warrantee

Answer 14

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

Question 15

Warrants: Oath and Affirmation

Answer 15

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

Question 16

Findings in Plain View

Answer 16

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

Question 17

Hot Pursuit

Answer 17

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

Question 18

Hot Pursuit (misdemeanors)

Answer 18

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)

Question 19

Emergency Aid

Answer 19

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

Question 20

Destruction of Evidence

Answer 20

Police may force a warrantless entry into a home when they have reasonable belief that evidence of the crime is being destroyed

Question 21

Search Incident to Arrest: Person

Answer 21

Where there is probable cause for an arrest, police may search the seized person without any further probable cause

Question 22

Search of Home/Arrested Areas Incident to Arrest

Answer 22

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

Question 23

Search of Automobile Incident to Arrest

Answer 23

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

Question 24

Unwarranted Vehicle Search Factors:

Answer 24

1. Ready mobility of the home
2. The presence of the vehicle in the setting objectively indicates it is being used for transportation

Question 25

Vehicle Search Scope

Answer 25

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.

Question 26

Consent: Common Authority

Answer 26

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

Question 27

Giving Consent

Answer 27

The totality of the circumstances to determine whether the consent given was (1) voluntary (2) and uncoerced [express or implied]

Question 28

Revoking Consent

Answer 28

Intent to withdraw consent must be made by an unequivocal act or statement; inconsistent with the apparent consent to search

Question 29

Scope of Consent

Answer 29

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

Question 30

Terry Stop Doctrine:

Answer 30

(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

Question 31

Terry Doctrine: Limited Scope

Answer 31

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

Question 32

Special Needs Doctrine (Balancing Test)

Answer 32

1. Seriousness of the state/government interest
2. Means of the system to advance the interest
3. Extent of the invasion or intrusion of the party’s rights

Question 33

Special Needs: School

Answer 33

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

Question 34

Special Needs: Probation and Parole

Answer 34

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

Question 35

Standing (4th Amendment)

Answer 35

Standing exists whenever the party raising it has an accepted/objective expectation of privacy in relation to the premises/object(s) searched or seized