Is Search & Seizure Governed by 4th Amend.

Question 1

In order for the S&S to be governed by the 4th Amendment, what 4 tests must be satisfied?

Answer 1

1. Was the S&S executed by a GOVERNMENT AGENT
2. Was the S&S of an area or item protected by the 4th Amendment
3. Did the government agent either:
   
   • Physically intrude on the area/item to obtain the information
   • Violate an individual’s reasonable expectation of privacy in the area/item
4. Did the individual subjected to the S&S have STANDING to challenged the conduct?

Question 2

Does a school administrator acting in the scope of their duties count as a government agent?

Answer 2

Yes.

Question 3

Typically what items will the 4th Amendment protect?

Answer 3

Your person

Your house

Papers/your communications

Your effects (e.g. your car)

Question 4

What are the unprotected items? Remember Public Observation Generally Obliterates Fourth Amendment Protections.

Answer 4

Physical characteristics

Odours

Garbage (left for collection)

Open fields

Financial records held at a Bank

Airspace (public)

Pen register: devices that lift the phone numbers you have dialled

Question 5

Of the two ways that the government can intrude on a person’s privacy, what sort of circumstances are you looking for to implicate the Trespass Test?

Answer 5

An agent physically intruding on a constitutionally protected area to obtain information, like placing a GPS tracker on your car.

Question 6

In terms of a government agent not intruding on a constitutionally protected area, what is that Privacy Test?

Answer 6

The agent’s search and seizure must not violate the individual’s reasonable expectation of privacy.

Question 7

To satisfy the Privacy Test, what must a person establish?

Answer 7

1. An actual, subjective expectation of privacy in the area searched or items seized
2. That the privacy expectation was one that society recognises as reasonable

Question 8

Does a tenant have standing?

Answer 8

Yes

Question 9

Does an overnight guest have standing?

Answer 9

Yes, at least to the common areas

Question 10

If you’re at someone’s house to purchase drugs, do you have standing?

Answer 10

No standing if you’re at a premises for a business transaction

Question 11

Does a passenger in a car have standing?

Answer 11

No, because they do not have a reasonable expectation of privacy in a car they don’t own