Search and Seizure Flashcards
Exclusionary Rule
evidence obtained from an unreasonable search and seizure are not admissible in court
Weeks v. U.S. (1914) & Mapp v. Ohio (1961)
Search
How do you determine whether a place is protected by the 4th Amendment?
Katz v. United States (1967)
A place may be protected from 4th Amendment searches if:
* a person exhibits an actual expectation of privacy
* the expectation is one that society is prepared to recognize as reasonable
U.S. v. White (1971)
An informant/undercover agent may simultaneously record their conversations with a defendant using electronic equipment on their person, or carry radio equipment that transmits to recording equipment elsewhere or to other agents without violating the 4th Amendment.
Smith v. Maryland (1979)
3rd-Party Doctrine
A person has no legitimate expectation of privacy in information voluntarily given to a 3rd party.
U.S. v. Place (1983)
Dog sniffs!
Dog sniffs don’t violate the 4th Amendment search protections because it is a limited disclosure of the contents of luggage
disclosure is only of the presence or absence of illegal substance
Illinois v. Caballes (2005)
Official conduct that doesn’t compromise any legitimate interest in privacy isn’t a search; government conduct that only reveals the possession of contraband doesn’t compromise legitimate privacy interests.
Hester v. United States (1924)
Open fields? Curtilage?
Open fields doctrine provides that police entry of an open field doesn’t implicate the 4th Amendment; no constitutional protection of open fields
What is an open field?
Hester v. United States (1924)
includes any unocccupied or undeveloped area outside of the curtilage and the home
What is curtilage?
Hester v. U.S. (1924)
Land that extends from the sancity of the home to the immediate land surrounding and associated with the home.
What are the factors used to determine whether land is curtilage?
U.S. v. Dunn (1987)
- Proximity of area claimed to be curtilage to the home
- whether an area is included in an enclosure surrounding the home
- nature of the use of the area and steps taken by resident to protect the area from observation by passersby
Is the use of aerial surveillance to secure information in a defendant’s yard a violation of the 4th Amendment?
California v. Ciraolo (1986)
No, because the airspace above the home is publicly navigable.
Can police search trash left outside for pick up?
California v. Greenwood (1988)
Yes. There is no reasonable expectation of privacy in trash left outside of the curtilage for pickup.
Do police need a warrant to use a device that isn’t public use to explore the details of a home that would’ve been unknowable without physical intrusion?
Kyllo v. U.S. (2001)
When police use a device that isn’t in general public use to explore the details of the home that would’ve previously been unknowable without physical intrusion, the surveillance is a search and presumptively unreasonable without a warrant.
U.S. v. Jones (2012)
Where there is a physical intrusion of a constitutionally protected area, there is a lesser burden on the defendant to show a reasonable expectation of privacy.
When is information given to third-parties protected by the 4th Amendment?
Carpenter v. U.S. (2018); three-part test
- the records obtained are only available because of digital technology;
- records were created without meaningful voluntary choice by the user;
- records tend to reveal the privacies of life.
Carpenter v. U.S. (2018)
There is a reasonable expectation of privacy in thier physical movements as captured through cell-site location information.
What are the three categories of seizable items?
- Contraband
- fruit of a crime
- mere evidence
What is contraband?
evidence that a private party may not lawfully possess
fruit of a crime
instrumentalities used in the commission of an offense
Mere evidence
evidence that will aid in a partiuclar apprehension or conviction
When does a seizure of property occur?
U.S. v. Karo (1984)
A seizure of property occurs when there are some meaningful interferences with an individual’s possessory interests in that property.
What 4 questions should you ask when approaching a 4th Amendment problem?
- Was there a search or seizure? (Was the search or seizure conducted by a government actor?)
- Was there probable cause?
- Was there a valid warrant? (Was the warrant defective or did the police act in bad faith?)
- Was there an exception to the warrant requirement?
