Fourth Amendment Flashcards
What was the pre-Katz test for a search?
Physical intrusion of a space
What is judge Harlan’s 2-prong requirement for a search? (Katz’s test)
1) person must exhibit actual expectation of privacy
2) expectation be one that society recognizes as reasonable
What doctrine did Hoffa v United States established?
False Friend Doctrine
What is “the core” of the Fourth Amendment
The right to be free from arbitrary police intrusion
What is the subjective prong of the Katz test?
Did individual show actual expectation of privacy by conduct? Or sought to preserve something as private?
How do you determine the objective prong of the Katz test?
Empirical data or Normative as per the judge
What doctrine did Smith establish?
Assumption of Risk
Is a dog sniff a search?
No
What part of a house is protected?
Includes the home’s interior and curtilage, but no more. This term does not include “open fields,” even if private land.
What are the elements of EDEN for the Dunn rule?
- Enclosure
- Distance
- Efforts to Obstruct View
- Nature of Use
Can a police man cross a fence?
Yes, crossing fences is not problematic unless the fenced area area included the house
What constitutes an enclosure? EDEN
Can be man-made (fence) or natural (trees)
What constitutes a distance? EDEN
Not any fixed distance at which curtilage ends. Curtilage may reach area in a rural setting. More thank 100 ft beyond home = likely outside the curtilage.
What are efforts to obstruct view? EDEN
Generally, courts require greater efforts to exclude public than posting “No trespassing” signs.
Driveways are generally not protected.
What is nature of use? EDEN
It has to be used for intimate activities.
Do all parts of EDEN have to be met?
No
What does Ciraolo rule?
Observation of the curtilage from outside the curtilage is typically NOT a search
What is Kyllo?
Sense-enhancing technology Interior of the home Intrusion into CPA Not in general public use (All elements must be met)
What does Knotts say?
One cannot reasonably expect privacy in their movements in public (transmitter)
What does Karo say?
Tracking in inside private residence is a search
What is probable cause for a search?
Exist where an officer has reason trustworthy information to believe evidence subject to seizure will be found in the place to be searched (i.e., the search will uncover evidence relating to a crime)
What is probable cause in an arrest?
Exist where an officer has enough reasonably trustworthy information to believe in an arrest that an offense has been or is being committed by the person to be arrested
What determines PC?
Whether the Totality of all the Evidence Establishes a “fair probability” of finding evidence (or of suspect’s guilt)
What is the equation for Probable cause?
Basis of Knowledge + Reliability (corrobotration) = Probable Cause
What are some key warrant exceptions?
- Exigent circumstances
- Plain view (seizures only!)
- Consent
- Searches Incident to Lawful Arrest
- Car Search Exception
What are the most common exigencies?
- Fleeing felon
- Prevent destruction of evidence
- Imminent risk of death or serious bodily injury to police or others
What is scope of search?
- The exigency that justifies the warrant-less action determines the search’s scope.
- Once the exigency ends, the warrant-less search must end (time dimension).
What does the plain view exception doctrine say?
It justifies a warrant-less seizure
What are the elements of a plain view exception?
- Lawful vantage point
- Right to physically access the item
- Incriminating nature must be immediately apparent
What are the elements of voluntary consent?
- Voluntary consent w/o coerced
2. Third party consent: Apparent authority doctrine, the issue of competing consent
Does the influence of drugs, intoxication, or mental agitation render consent involuntary?
No
What are the condition for locked vs. unlocked containers?
This is a common distinction in the law (i.e., officers often need fresh consent to open a locked container)
What is deliberate removal?
Police cannot remove potentially objecting tenant from the entrance for the sake of avoiding a possible objection
What is the Robinson doctrine
- Full search of the arrestee+ grabbing area is automatic for all crimes of arrest (Applies to all arrests, even if no possibility that evidence related to the crime of arrest might be found)
- Officer may search for both: Weapons & Destructible Evidence
- Officer has AUTOMATIC RIGHT to open virtually all CONTAINERS found on the arrestee.
Does Robinson doctrine need Probable cause or reasonable suspicion?
It needs probable cause (right to search under Robinson is much more extensive in scope)
If arrested in a car, what is the SILA of the car?
No longer automatic right to search passenger compartment;rather, the right to search passenger compartment is limited by the Ganteither/or Rule: Passenger compartment + containers (no trunk or engine)
What is a terry stop?
When an officer reasonably suspects a person of criminal activity, the officer may briefly stop and question the individual to investigate his suspicions
What is reasonable suspicion?
Requires “specific and articulable facts which, taken together with rational inferences from those facts,” would make an officer suspicious that crime may be afoot
What is a Terry weapon frisk?
Weapons frisk permitted only if officer has reasonable suspicion to believe the suspect is actually armed. Weapons only!
When does the car search exception applies when:
- There is probable cause
- The vehicle is readily mobile
- Not use solely as a residence
Can an officer look into the curtilage of a home?
Yes, if viewing it from a lawful vantage point
What is the three factors to determine probable cause based on known or unknown informant?
- Basis of knowledge (wealth of detail in tip)
- Reliability of informant
- Corroboration of information
An exigency justifies a warrantless entry to a home:
Once inside a home through a exigency the officer may seize any evidence found in plain view, assuming two things (1) Probable cause to believe the item in question is incriminating/linked to a crime, and (2) the officer has not exceeded the permissible scope of the search (which is defined by the exigency itself)
