Search and seizure

Question 1

The fourth amendment protects an expectation of privacy that must be both ___________ and ___________.

Answer 1

1. Reasonable

2. Legitimate

Question 2

The fourth amendment does not apply to:

7 circumstances

Answer 2

1. Open view
2. Person has no reasonable expectation of privacy (standing)
3. Trash searches outside the curtilage
4. Detention facilities
5. Abandoned property
6. Search by private citizen not acting as agent of the government
7. Searches at airports in secured areas for weapons (special needs searches)

Question 3

Search warrant exceptions:

6 exceptions

Answer 3

1. Search of a person incident to a lawful arrest
2. Inventory
3. Consent
4. Plain view
5. Exigent circumstances to include hot pursuit
6. Vehicle search warrant exceptions

Question 4

Consent

Answer 4

Agreement, approval, or permission to act

Question 5

A person giving consent must:

4 criteria

Answer 5

1. Be informed (tell the subject what is being searched for)
2. Not coerced
3. Have actual authority, or apparent authority (standing)
4. Have the ability to revoke consent
   Note: If anyone who has standing objects a search, a search warrant must be obtained

Question 6

Curtilage

Answer 6

Area(s) near a residence where the residents have a reasonable expectation of privacy

Question 7

Considerations in determining whether an area is curtilage and subject to the protection of the fourth amendment:
(4 considerations)

Answer 7

1. Proximity of the area to the home
2. Whether the area is included in enclosure which surrounds a home
3. Nature of uses to which an area is put
4. Steps taken to protect the area from observation from passes-by
   Note: The legal protection associated with curtilage is always determined in favor of the property owner, not law enforcement

Question 8

Exigent circumstance
This exception to the warrant requirement involves balancing a number of factors. It is a time critical exception that requires probable to justify a warrantless entry to: (3 circumstances)

Answer 8

1. Prevent the destruction of evidence in a serious felony offense
2. Effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony of violent offense and may escape if not immediately apprehended
3. Preserve life or render aid
   Note: Police cannot create the exigent circumstance or use a ruse to affect a warrantless search

Question 9

Open view

Answer 9

The fourth amendment does not protect what a person knowingly exposes to the public regardless of where that exposure takes place. However, while the observation of something that is in “open view” does not amount to a search, a warrantless seizure is not justified absent a specific exception to the warrant requirement.

Question 10

Plain view

Answer 10

Plain view is an exception to the general search warrant requirement.

Question 11

For a plain view seizure to be reasonable, the officer satisfy three requirements:

Answer 11

1. The officer must be in a position he in which he has a legal right to be
2. The item’s incriminating character must be immediately apparent
3. The officer must have a lawful right of access to the object itself without substantial additional intrusion