lesson 3

Question 1

Fourth amendment

Answer 1

Protects persons, houses, paper, and effects from unreasonable searches and seizures

Question 2

Person

Answer 2

the individual as a whole, including the body and most oral communication from that person

Question 3

House

Answer 3

A structure that provides a residence for either a person or a busniess

Question 4

Papers & effects

Answer 4

“Papers”: documents

“effects”: catch=all phrase that includes anything that is not a paper, house, or person

Question 5

What is a search and what needs to considered?

Answer 5

An activity geared toward finding evidence to be used in a criminal prosecution

• need consider:
  1. ) whether the presumed search is a product of gov action
  2. ) Whether the intrusion violates a person’s reasonable expectation of privacy

Question 6

Seizure

Answer 6

to seize property usually for evidence or to seize people as in arrest

Question 7

Governmental search

Answer 7

must be conducted with governmental action
-a citizen can do a serach and this has nothing to with government,but if it is directed by the government= governmental action

Question 8

Issues related to privacy when considering the 4th amendment:

Answer 8

1. ) Undercover agents
2. ) Institutional rights
3. ) Informants
4. ) Privacy of one’s physical characteristics
5. ) Open fields
6. ) Curtilage
7. ) Enhancement Devices

Question 9

Undercover agent

Answer 9

Gov agent who pretends not to be a gov agent

-4th does not apply to reasonable expectation of privacy

Question 10

Institutional agent

Answer 10

3rd party who turns evidence over to authorities

ex: phone company turns in phone records

Question 11

Informant

Answer 11

any 3rd party

-providing info to any 3rd party is not protected

Question 12

Physical characteristics

Answer 12

We knowingly expose physical characteristics to the public, so it is not within the scope of the 4th

• hair, voice, fingerprints, ect.
• U.S. v. Dionisio

Question 13

Curtilage

Answer 13

the home or residence where intimate activities take place; it may include the front and backyards

Question 14

Open fields

Answer 14

any unoccupied or undeveloped real property outside the home
-may include the garage under particular circumstances

Question 15

Enhancement devices include:

Answer 15

1. ) Flashlights
2. ) Drug Dogs
3. ) Satellite photography
4. )Thermal Imagery
5. ) Listening devices
6. ) Other technologies

Question 16

Factors determining appropriate level of sensory enhancement:

Answer 16

1. ) The nature of the place survellied
2. ) The nature of the activity surveillied
3. ) The care taken to ensure privacy
4. ) The lawfulness of the vantage point
5. ) The availability of sophisticated behavior
6. ) The extent to which the tech. used enhances or replaces the natural senses

Question 17

Seizure of property

Answer 17

Occurs “when there is some meaningful interference with an individuals possessory interest in that property

• U.S. v. Jacobsen
• Actual possession and constructive possession

Question 18

Actual possession

Answer 18

If the person is physically holding or grasping the property

Question 19

Constructive possession

Answer 19

If the person is in possession of the property but not actually touching it

Question 20

Seizure of persons

Answer 20

when police intentionally restrain an individuals liberty so that a reasonable person would beliieve that he or she is not gree to leave

Question 21

probable cause

Answer 21

the facts and the circumstances within the officer’s knowledge and of which they have reasonable trustworthy information are sufficient to warrant prudent man in believing that the suspect had committed or was committing an offense
- Beck v. Ohio

Question 22

Reasonable Suspicion

Answer 22

enough suspicion to believe a suspect committed a crime

-less definite than probable cause

Question 23

Administrative Justice

Answer 23

When gov agencies sometimes conduce searches outside a criminal investigation

• search and seizure of evidence not an issue
• right to privacy is an issue

Question 24

Courts criteria for reasonable suspicion

Answer 24

1. ) the officer with R.S. may conduct a limited stop and frisk
2. ) Officer does not have enough info to conduct full search and seizure
3. ) Officer must have R.S. that criminal activity is a loot

Question 25

Standing

Answer 25

If they are a victim of a broken amendment right

-violation of 4th amendment= standing to object to a search and seizure