VI.(B) 4th Amendment - Expectation of Privacy

Question 1

How should you approach any question with a search and seizure?

Answer 1

(1) State the 4th amendment protection (PROHIBITS UNREASONALE SEARCH & SEIZURE)

(2) Determine whether there was STATE ACTION

(3) Determine whether the person has STANDING to challenge state action, meaning a REASONABLE AND JUSTIFIABLE EXPECTATION OF PRIVACY

(4) Ask - was there a VALID WARRANT

(5) Ask - was there an exception to the warrant requirement

Question 2

When assessing standing, what are the three categories the scenario could be categorized into?

Answer 2

(1) AUTOMATIC standing

(2) SOMETIMES standing

(3) NO Standing - because they are deemed HELD OUT to the PUBLIC

Question 3

When is there NO standing (for the reasonable expectation of privacy?)

Answer 3

1. bank account statements
2. handwriting
3. paint on car (no idea what that means lol)
4. monitoring vehicle in public thoroughfare
5. actions and conversations in public
6. open fields (must NOT BE CLOSE to house)
7. abandoned property (e.g., garbage)
8. flyovers (plain view/arial view with naked eye and NO technology enhanced searches)

Question 4

When is there AUTOMATIC standing?

Answer 4

1. Residence or temporary dwelling (e.g. home or hotel)
2. Premises you own
3. Premises where you are an overnight guest

Question 5

Where is the SOMETIMES standing?

Answer 5

LEGITIMATE PRESENCE at a premises. Social guest YES vs. guest on premises for business NO.