Searches and Seizures Flashcards
Abandoned Property
Property intentionally discarded by the owner.
Curtilage
The area immediately surrounding the home, considered part of the home.
Encounters
Informal police stops of individuals.
Expectation of Privacy
Protection from government intrusion; areas with a high expectation of privacy may generally not be searched without a warrant.
General Warrants
Warrants allowing colonial authorities to search anytime and anywhere.
Mere-Touch Rule
A seizure requires application of physical force, which objectively manifests an intent to restrain an individual.
Open Fields
Areas distant from the home that lack an expectation of privacy.
Physical Seizure
An act in which a law enforcement officer takes hold of a suspect with the intent to prevent the individual from leaving.
Plain View
An exception to the 4th Amendment warrant requirement that allows a police officer to seize an item without a search warrant when (1) the officer is lawfully positioned and (2) there is probable cause to seize the object.
Property Rights Approach
An approach to 4th Amendment protection that assumes such protection is limited to physical intrusions of the home, comparable to trespassory approach.
Search
Governmental intrusion on an individual’s expectation of privacy.
Seizure
A reasonable person would not feel free to leave or to otherwise terminate the encounter.
Show of Authority Seizure
Demonstration of authority by law enforcement officers in which they direct a suspect to halt and display any weapons, block the suspect’s movement, or otherwise conduct themselves in a manner that would result in a reasonable person not feeling free to leave or otherwise terminate the encounter.
Subpoena Duces Tecum
A court order to produce documents.
Third-Party Doctrine
Individuals have no expectation of privacy in information turned over to a third party, and a search warrant is not required.
