Search and Seizure Flashcards
What is guaranteed under the 4th amendment
rights against unreasonable searches and seizure
what is probable cause
more than reasonable suspicion
what is subjective expectation of privacy
person must actually want and intend something to remain private
what is objective reasonableness
not influenced by personal feelings or opinions considering and representing facts
what is curtilage
a well defined area
near or around residence that has a reasonable expectation of privacy
what is the open fields doctrine
no expectation of privacy when it is left open to the public
i.e. car
to challenge a search as unlawful a person must have:
ownership
lawful possession
authority
control of specific area or property
katz v united States established the Katz test, what does this consist of
person must hold actual, subjective expectation of privacy
AND
society must be prepared to recognize the expectation as objectively reasonable
what are some types of warrantless searches
consent search incident to arrest vehicles plain view plain feel search plain smell search open view terry stop/frisk hot pursuit exigent circumstances
in order for a plain view search you must meet what criteria
have lawful right to be in place where you observe object
have lawful right of access to the object in that location
incriminating character must be immediately apparent
can you search the lunge areas in a vehicle after a lawful arrest
yes
what is a terry stop
reasonable articulable suspicion of criminal activity that is a foot
what is a terry frisk
belief that person is armed and dangerous allows you to frisk for weapons
what is the carroll doctrine
vehicle is readily mobile and allows you to search without warrant if you believe vehicle contains PC
what is the exclusionary rule
if defendants rights are violated any evidence gained from its violation cannot be used against them
