Is the search/seizure governed by the 4th Amendment? Flashcards
When is a private citizen considered a government agent?
When they are acting at the direction of police.
When a police officer conducts a search or seizure off duty, is that government action?
Yes.
When is a private security guard considered a government agent?
When deputized with the power to arrest.
Are public school administrators government agents?
Yes.
Define curtilage.
The area immediately surrounding a home - it is protected by the Fourth Amendment.
Are paint scrapings from the outside of a car protected?
No, paint scrapings from the exterior or a car are not protected by the Fourth Amendment.
Are account records held by a bank protected?
No, bank account records are not protected by the Fourth Amendment.
Is the air space above a home protected?
No, anything you can see from commercial airspace is not protected by the Fourth Amendment.
Is garbage left for collection protected?
No, garbage left for the curb is considered abandoned and therefore not protected by the Fourth Amendment.
Is the sound of a person’s voice protected?
No, the sound of your voice is not protected by the Fourth Amendment.
Is the smell emanating from your car or luggage protected?
No, odors emanating from luggage or cars are not protected by the Fourth Amendment.
Is handwriting protected by the Fourth Amendment?
No, your style of handwriting is not protected by the Fourth Amendment.
Are open fields protected by the Fourth Amendment?
No - even if they are gated, open fields are not protected by the Fourth Amendment.
Can police officers use technology not commonly available to the public to explore the details of a home (no physical intrusion)?
No - this is presumptively unreasonable and cannot be done without a warrant. If they are seeing things normal people can’t see without a physical intrusion, you have a Fourth Amendment violation.
What are the two theories of “intrusion” for a Fourth Amendment violation?
- government physically intrudes on a constitutionally protected area, or
- government invades a reasonable expectation of privacy
- subjective expectation of privacy
- that society would find reasonable
