Search and Seizure Flashcards
Open View
Open view is simply a legal term for a valid police discovery of information that helps develop probably cause or reason suspicion.
Definition of the 4th amendment
The right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but on probably cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.
Search
A search is a police intrusion on a legitimate expectation of privacy, or a physical intrusion such as would constitute a trespass at common law
Seizure
A seizure can be of both a person and/ or property. A seizure of the person occurs when police interfere with an individual’s freedom of movement. a seizure of property is an interference with a persons right to possess or control the item
Curtilage (4 prong)
- proximity of area to the home
- Whether area is included in enclosure which surrounds a home
- Nature of uses to which area is put
- Steps taken to protect area from observation by passers-by
Flahslights
The use of flashlights in police investigation is not considered a search Upheld in the following cases -texas v Brown 1983 -state v herbert wright 1988 -state v calvillo -u.s. v willis 1994 -u.s. v ortiz 1995
Thermal Detection devices
The U.S. supreme court has determined that the use of thermal detection fo FLIR devices constitutes an intrusion on an individual’s privacy
-u.s. v kyollo 2001
Public Utility and business records
What three types of businesses does a person not have an expectation to privacy.
- Pone company records (pen registers
- Bank Records
- Business records.
Standing Defined
This term means that the only person who can complain about an alleged police violation of the fourth amendment is a person who’s own reasonable and legitimate expectation of privacy was intruded upo0n. This means that the person must have authority, dominion, control and access to the place or item searched.
Steagald Rule (3rd Party Entry)
When making an entry into a residence or curtilage for the sole purpose of arresting a NON-RESIDENT within, one of 3 circumstances must exist:
1. A search warrant for the residence/ Curtilage exists
2. An exigent circumstance exists
3. Consent to enter and search is give by a person with standing
FOR A 3RD PARTY ENTRY, AN ARREST WARRANT IS NOT A VALID TO MAKE ENTRY. A SEARCH WARRANT IS REQUIRED. think “standing.
Payton rule
When making an entry into a residence or curtilage for the sole purpose of arresting a resident, one of 4 circumstances must exist.
- An arrest warrant for the person sought exits.
- A search warrant for the residence/ curtilage exists
- An exigent circumstance exists
- Consent to enter and search is given by a person with standing.
Name the three levels of contact that the courts have acknowledged
- Consensual encounter
- Detention (reasonable suspicion)
- Arrest (PC)
“Profiling”
In a nutshell, when officer make a stop based on profiling, the fact that profiling was used has no legal significance at all. it doesn’t help or hurt the validity of the stop.
Frisks ***
A frisk can only be done for weapons, not for any other items or contraband. However if the frisk is done with reasonable suspicion that a weapon is present, but after removing the item that felt like a weapon the police find that it was not actually a weapon, the search and seizure is still valid.
Plain feel, means
Also cited in the Dickerson ruling
Immediately apparent
