Search and Seizure Flashcards
Curtilage
The area surrounding and associated with a home; the area of land occupied by a dwelling and its yard and outbuildings actually enclosed or considered as enclosed
Search
Some exploratory investigation, a quest, looking for seeking out; a search is government intrusion into a place where a person has a reasonable expectation of privacy
Seizure
Some meaningful government interference with an individual’s possessory interest
Katz v US
Establishes the Reasonable Expectation of Privacy standard reasonable expectation of privacy (REP). The common law concept of trespass will no longer determine whether a violation of the fourth amendment has occurred, because the 4th amendment is intended to protect people not simple places.
Rep can be said to exist in a place where someone exhibits an actual expectation of privacy that society recognizes as reasonable
4th Amendment Trigger
A government intrusion into a place where a person has a reasonable expectation of privacy. The 4th amendment states that people hall be secure in their person, houses paper and effects against unreasonable searches and seizure