Search and Seizure Essay Steps

Question 1

Step 1

Answer 1

Government conduct

Question 2

Step 2

Answer 2

Standing (reasonable expectation of privacy)

Question 3

Step 3

Answer 3

Valid warrant (probable cause and particularity)

Question 4

Step 4

Answer 4

If no valid warrant:
(1) Good faith by officer?
-Underlying affidavit cannot be unreasonably lacking probable cause or particularity
-LE cannot misrepresent to magistrate and magistrate cannot be biased
(2) Does one of the six warrant exceptions apply?
-Incidental to constitutional arrest
-Automobile exception
-Consent
-Plain view exception
-Stop and frisk
-Hot pursuit, emergency, and evanescent exception

Question 5

Step 5

Answer 5

5th amendment rights to silence and to counsel (Miranda)
-Before formal charges

6th amendment right to counsel
-After formal charges
-Offense specific