Searches 2 Flashcards
4th amendment protection under property- based
If the govt physically occupied private property for the purpose to obtain information, the govts actions constituted a search
Reasonable expectation of privacy
New standard that protects peoples places and things from search and seizure
Test of reasonableness
Reason to believe the evidence sought is located at the place or on the person to be searched
What is a search
Any govt conduct which intrudes upon a persons reasonable expectations of privacy
Who is protected
Person located in the United States
Seized from who
There is no requirement that the things to be seized are in the possession of one suspected of criminal activity
Curtilage
Area immediately surrounding a dwelling
Whether curtilage applys
- The proximity around the house
- Whether the area is included in an enclosure surrounding the residence
- The nature of the use to which the area is put
- The steps taken by the resident to protect the area from observation
Officers ordinary sensory perception
- Searching under the unusual understanding of that term is not necessarily a search
- Enhancements: using a flashlight, night vision equipment, binoculars and a dog sniff
Plain view doctrine
When the officer and the evidence are both placed in a public place in the open, or the officer is in plain view upon entry of a residence
Abandoned premises
The person has no expectation of privacy in the premises which he has intentionally or constructively abandoned
Open fields
4th amendment is not applicable if the search occurred in the open fields surrounding the home
Aerial surveillance
Fixed winged aircraft: 1000 ft is not a search
Helicopters: 400 ft is not a search
Common area buildings
Multi-unit residential common areas have no expectations of privacy
Public areas of businesses
If the officer is present on premises open to the public under the same circumstances, that does not constitute a search
