Searches 2

Question 1

What are 2 methods for determining a 4th amendment search?

Answer 1

1. Property based- govt trespass for investigation on protected area of 4th amendment
2. Privacy based- a person has a reasonable expectation of privacy in the place the govt is intruding

Question 2

Who is protected under 4 th amendment?

Answer 2

U.S. citizens, illegal aliens, legal aliens, corporations

Question 3

What may be seized and from whom may items be seized ?

Answer 3

Stolen property, contraband, criminal evidence, narcotics, instrumentalities; Persons located within the U.S., and U.S. citizens living abroad; also U.S. corporations

Question 4

What is a 4th amendment search?

Answer 4

Constitutional protection against unlawful search and seizures

Question 5

What is curtilage?

Answer 5

Area immediately surrounding a dwelling house; given same 4th amendment rights as the house itself

Question 6

What is the open fields doctrine?

Answer 6

4th amendment requires no warrant or probable cause to search unoccupied areas outside of the curtilage of a dwelling

Question 7

What is an officers “ ordinary sensory perception”? How does it relate to the fourth amendment?

Answer 7

Observations made using the senses is legal if obtained legally. Can be used to secure a warrant or plain view doctrine

Question 8

How can a seizure be made under the “plain view” doctrine?

Answer 8

1. Initial intrusion which affords the officer “plain view” is lawful
2. Incriminating nature of evidence is immediately apparent to probable cause standard
3. Evidence is in same area where officer is lawfully present

Question 9

Five instances of government intrusion that do not implicate the 4th amendment?

Answer 9

1. Abandoned premises
2. Open fields
3. Aerial surveillance
4. Common areas
5. Public business areas

Question 10

What two types of personal property can be seized without justification? What circumstances can they be seized?

Answer 10

1. Contraband
2. Abandoned property; garbage searches or “dropsy” cases