Search and Seizure

Question 1

4 S’s of Search and Seizure

Answer 1

1. Was there state action
2. Whether what happened was search
3. Is there a valid search warrant
4. Is suppression the proper remedy

Question 2

What is a search?

Answer 2

A search occurs where gov’t action infringes upon

1. expectation of privacy
2. and society recognizes that expectation as reasonable.

Question 3

Canine Sniffs

Answer 3

are a search

Canine sniff of property needs reasonable suspicion
Canine sniff of a person needs probable cause

Question 4

Pen Registers

Answer 4

is a search & warrant needed

Question 5

Bank Records

Answer 5

search of bank records is a search & warrant needed

Question 6

Informants Secretly Recording Conversations with Defendant in Defendant’s Home

Answer 6

Police need search warrant to send informant into your home

Question 7

Standing

Answer 7

• ∆ charged with a possessory offense has automatic standing to challenge admissibility of evidence alleged to be fruit of an illegal search and seizure
• ∆ must still prove that he had an expectation of privacy in the area searched that meets the Katz standards

Question 8

Abandoned Property

Answer 8

∆ who is chased by police, is seized at the time the chase is occured, and to sustain the chase, police must have either reasonable suspicion or probable cause

if ∆ discards something during the chase, he can claim suppression of police didn’t have RS or PC

Question 9

Seizures of Persons

Answer 9

Police must have immediate reasonable suspicion of ongoing illegal conduct

+ Frisk = need additional reasonable suspicion that the person is armed