Fourth Amendment

Question 1

What was the pre-Katz test for a search?

Answer 1

Physical intrusion of a space

Question 2

What is judge Harlan’s 2-prong requirement for a search? (Katz’s test)

Answer 2

1) person must exhibit actual expectation of privacy

2) expectation be one that society recognizes as reasonable

Question 3

What doctrine did Hoffa v United States established?

Answer 3

False Friend Doctrine

Question 4

What is “the core” of the Fourth Amendment

Answer 4

The right to be free from arbitrary police intrusion

Question 5

What is the subjective prong of the Katz test?

Answer 5

Did individual show actual expectation of privacy by conduct? Or sought to preserve something as private?

Question 6

How do you determine the objective prong of the Katz test?

Answer 6

Empirical data or Normative as per the judge

Question 7

What doctrine did Smith establish?

Answer 7

Assumption of Risk

Question 8

Is a dog sniff a search?

Answer 8

No

Question 9

What part of a house is protected?

Answer 9

Includes the home’s interior and curtilage, but no more. This term does not include “open fields,” even if private land.

Question 10

What are the elements of EDEN for the Dunn rule?

Answer 10

1. Enclosure
2. Distance
3. Efforts to Obstruct View
4. Nature of Use

Question 11

Can a police man cross a fence?

Answer 11

Yes, crossing fences is not problematic unless the fenced area area included the house

Question 12

What constitutes an enclosure? EDEN

Answer 12

Can be man-made (fence) or natural (trees)

Question 13

What constitutes a distance? EDEN

Answer 13

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.

Question 14

What are efforts to obstruct view? EDEN

Answer 14

Generally, courts require greater efforts to exclude public than posting “No trespassing” signs.
Driveways are generally not protected.

Question 15

What is nature of use? EDEN

Answer 15

It has to be used for intimate activities.

Question 16

Do all parts of EDEN have to be met?

Answer 16

No

Question 17

What does Ciraolo rule?

Answer 17

Observation of the curtilage from outside the curtilage is typically NOT a search

Question 18

What is Kyllo?

Answer 18

Sense-enhancing technology
Interior of the home
Intrusion into CPA
Not in general public use
(All elements must be met)

Question 19

What does Knotts say?

Answer 19

One cannot reasonably expect privacy in their movements in public (transmitter)

Question 20

What does Karo say?

Answer 20

Tracking in inside private residence is a search

Question 21

What is probable cause for a search?

Answer 21

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)

Question 22

What is probable cause in an arrest?

Answer 22

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

Question 23

What determines PC?

Answer 23

Whether the Totality of all the Evidence Establishes a “fair probability” of finding evidence (or of suspect’s guilt)

Question 24

What is the equation for Probable cause?

Answer 24

Basis of Knowledge + Reliability (corrobotration) = Probable Cause

Question 25

What are some key warrant exceptions?

Answer 25

1. Exigent circumstances
2. Plain view (seizures only!)
3. Consent
4. Searches Incident to Lawful Arrest
5. Car Search Exception

Question 26

What are the most common exigencies?

Answer 26

1. Fleeing felon
2. Prevent destruction of evidence
3. Imminent risk of death or serious bodily injury to police or others

Question 27

What is scope of search?

Answer 27

1. The exigency that justifies the warrant-less action determines the search’s scope.
2. Once the exigency ends, the warrant-less search must end (time dimension).

Question 28

What does the plain view exception doctrine say?

Answer 28

It justifies a warrant-less seizure

Question 29

What are the elements of a plain view exception?

Answer 29

1. Lawful vantage point
2. Right to physically access the item
3. Incriminating nature must be immediately apparent

Question 30

What are the elements of voluntary consent?

Answer 30

1. Voluntary consent w/o coerced

2. Third party consent: Apparent authority doctrine, the issue of competing consent

Question 31

Does the influence of drugs, intoxication, or mental agitation render consent involuntary?

Answer 31

No

Question 32

What are the condition for locked vs. unlocked containers?

Answer 32

This is a common distinction in the law (i.e., officers often need fresh consent to open a locked container)

Question 33

What is deliberate removal?

Answer 33

Police cannot remove potentially objecting tenant from the entrance for the sake of avoiding a possible objection

Question 34

What is the Robinson doctrine

Answer 34

1. 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)
2. Officer may search for both: Weapons & Destructible Evidence
3. Officer has AUTOMATIC RIGHT to open virtually all CONTAINERS found on the arrestee.

Question 35

Does Robinson doctrine need Probable cause or reasonable suspicion?

Answer 35

It needs probable cause (right to search under Robinson is much more extensive in scope)

Question 36

If arrested in a car, what is the SILA of the car?

Answer 36

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)

Question 37

What is a terry stop?

Answer 37

When an officer reasonably suspects a person of criminal activity, the officer may briefly stop and question the individual to investigate his suspicions

Question 38

What is reasonable suspicion?

Answer 38

Requires “specific and articulable facts which, taken together with rational inferences from those facts,” would make an officer suspicious that crime may be afoot

Question 39

What is a Terry weapon frisk?

Answer 39

Weapons frisk permitted only if officer has reasonable suspicion to believe the suspect is actually armed. Weapons only!

Question 40

When does the car search exception applies when:

Answer 40

1. There is probable cause
2. The vehicle is readily mobile
3. Not use solely as a residence

Question 41

Can an officer look into the curtilage of a home?

Answer 41

Yes, if viewing it from a lawful vantage point

Question 42

What is the three factors to determine probable cause based on known or unknown informant?

Answer 42

1. Basis of knowledge (wealth of detail in tip)
2. Reliability of informant
3. Corroboration of information

Question 43

An exigency justifies a warrantless entry to a home:

Answer 43

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)