Fourth Amendment: Search and Seizure Flashcards
What right does the fourth amendment guarantee
“The right of people to be secure in their persons, houses, papers and effects against UNREASONABLE searches and seizures”
What does the fourth amendment require of warrants
Warrants must be issued upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
What are the four steps to Fourth Amendment analysis
1.) Was there a government actor?
2.) Was there a search or seizure triggering fourth amendment protection?
3.) Were protections satisfied?
4.) If not, what is the remedy?
When can a private actor represent the government?
(i.e. when does a private actor BECOME a government actor for the purposes of fourth amendment analysis)
A private actor represents the government when ALL OF:
1.) Government had knowledge of and acquiesced to the private actor’s intrusive action
2.) The private actor is working to assist law enforcement or instead acted to further his own purposes; AND
3.) The private actor worked at the Government’s request
Who has standing to challenge the constitutionality of a search?
ONLY the person whose expectation of privacy was violated
(i.e. If LE breaks into my Mom’s house and finds my drugs, I do not have standing to challenge the constitutionality of that claim even if they used highly intrusive methods to take my contraband)
What is a test to determine if a seizure occurred
(step 2 of the analysis)
A seizure occurs where the totality of the circumstances surrounding the encounter would communicate to a reasonable person that they are NOT free to ignore police presence and leave
What are the factors considered when determining whether a seizure occurred?
1.) Presence of handcuffs or restraints
2.) Use of forceful language
3.) Physical force or restraint
Must a person submit to authority in order to constitute a seizure?
Yes. Even if there are elements which would constitute a seizure during the encounter, if the suspect runs away or otherwise does not submit, there was no seizure during that encounter.
What is the Trespass theory for unconstitutional searches?
Originally a search only violated the fourth amendment where there was a physical intrusion onto the property of the defendant. (Not wholly abandoned (installation of trackers on vehicles) but no longer the only consideration)
What is the reasonable expectation of privacy test for unconstitutional searches?
1.) Did defendant have an actual expectation of privacy?
(subjective expectation of privacy)
2.) Did the defendant have a reasonable expectation of privacy?
(objective expectation of privacy)
Where does a person ALWAYS have a reasonable expectation of privacy?
Always reasonable expectation of privacy for:
1.) Your home
2.) your Person
3.) your communications (emails, texts, private communications)
What are the parts of the home?
1.) Home - physical structure of the house
2.) Curtilage - area immediately outside the dwelling (front door, porch, MAYBE shed)
3.) Open Field - land distant from the home, can be entered without probable cause or warrant
Do you have a reasonable expectation of privacy for your curtilage?
Yes (but need to determine what constitutes curtilage)
Do you have a reasonable expectation of privacy for Open fields?
No. (and generally police don’t need pc to be there, Also doesn’t matter if there are no trespassing signs or the like)
How do you identify Curtilage?
1.) Distance from the home
2.) Whether the area is within the enclosure of the surrounding home (i.e. fenced in, part of the dwelling structure)
3.) The function of the area (is it used in a way the home would be used) (storage counts)
4.) Whether the homeowner has taken any steps to secure the area from observation (i.e. closed the door, locked it)
