Search and Seizure Flashcards
General warrants or Rits of Assistance
- Issued on mere suspicion
- No PC
- No Judicial authorization
- No inventory/ or items to be seized
- Good till the person who wrote it dies plus 6 months
What part of the CT constitution mimics 4th Amendment?
Article 1 section 7
Judicial branch does what?
- Interprets laws
- Involves judges
Executive branch does what?
-Enforce laws-
Involves prosecutors, police, and corrections
Legislative branch does what?
Writes laws
Drafters of constitution philosophy?
- Individual rights
- The government exists from the GOVERNED consent
Bill of rights
First 10 amendments of constitution
14th amendment does what?
- Due process clause
- State and local government have to follow federal law
Judicial Review?
- Unique
- America invented it
- US supreme court has final say on what the constitution means
- They INTERPRET the constitution
4th amendment does what?
- Protects PEOPLE not PLACES
- Restricts federal government
The federal constitution acts as a what?
Basement
Our state constitution acts as what?
- A ceiling
- Gives additional rights to citizens
- CT supreme court acts as final say for OUR constitution
54-1f
- Arrest w/out warrant
- To have a constitutionally valid arrest all you need is PC
How to apply 4th amendment (3 parts)
- Government action
- Search or a Seizure
- Constitutionally protected area
What is a constitutionally protected area?
Area without a reasonable expectation of privacy
What is a Search?
An intrusion into an area where a person has an reasonable expectation of privacy, with the intention to discover evidence of a crime.
What is Seizure?
Would a reasonable person feel free to leave?
Does the constitution define reasonable?
NO
Who tells us what reasonable is?
The US supreme court
US v Katz concluded what?
Where there is a reasonable expectation of pivacy
- Was there an subjective expectation of privacy?
- Was there an objective exception of privacy?
What is objective?
Reality (what society excepts as reasonable)
What is subjective?
The persons perception of reality
What is standing?
For a person to have legal standing to challenge the constitutionality of a searcher seizure they MUST have an reasonable exception of privacy to that area or item.
Places where people expect privacy
- House (temp or permanent)
- Overnight guest
- Apartment
- Hotel room while rented
- Dorm room
- Where a person has total legal right to control access and exclude others
- Cartilage
- On your person
- Motor vehicle
- Persons belongings
- Thermal imaging or technology not available to public
- GPS tracking of MV
- Cell phone or computer
- Motor home
- Homeless persons belongings