Fourth Amendment - Search and Seizure

Question 1

When does an unreasonable search occur?

Answer 1

For purposes of gathering information either (1) invades place protected by reasonable expectation of privacy, OR (2) physically intrudes on constitutionally protected area

Question 2

What are the four factors for protected curtilage?

Answer 2

1. Proximity of area to the home
2. Whether area is included in enclosure surrounding home
3. Nature of uses to which the area is put; AND
4. Steps taken to protect area from observation

Question 3

What happens if a government agent is on property without permission?

Answer 3

1. Could make warrantless search unreasonable but doesn’t make search automatically illegal
2. Even if agent is legally in a public space, doesn’t make the search legal

Question 4

What are the requirements for a lawful automobile checkpoint for purposes of finding witnesses

Answer 4

1. Checkpoint primary purpose get witness to apprehend other individuals
2. Stop advances a public concern
3. Police fit criminal investigatory needs
4. Minimally interfere with 4A liberties

Question 5

What is considered a seizure?

Answer 5

1. Either (a) physical contact or (b) show of authority

2. Intentional termination or restraint of person’s freedom of movement