4Th Amendment

Front 1

Katz REP Rule

Back 1

1. actual expecation of privacy

2. one that society is prepared to recognize as reasonable

Front 2

Who can have standing?

Back 2

Anyone who has property or possessory interest in the search or seizure

Front 3

Place where a suspect cannot be arrested without a warrant

Back 3

His home

Front 4

When does a seizure occur? (object)

Back 4

When a person's possessory interest is interfered with in a meaningful way

Front 5

When does a seizure occur? (person)

Back 5

When an officer, by physical force or show of authority has in some way restrained the liberty of a citizen

Front 6

Open Field

Back 6

unoccupied or underdevloped area outside of the curtilage of the home

Front 7

4 Factors of Curtilage

Back 7

1. proximity of area claimed to be curtilage to the home.

2. whether the area is enclosed

3. nature of the uses

4. steps taken by the resident to protect area from observation

Front 8

Limits on sense-enhancing technology

Back 8

any information regarding the interior of the home that could not have otherwise been obtained without physical intrusion into a constitutionally protected area-at least where the technology in question is not in general public use

Front 9

Probable cause to ARREST

Back 9

Belief that an offense has been or is being committed

Front 10

Probable cause to SEARCH

Back 10

Belief that evidence subject to seizure will be found in the place to be searched

Front 11

Hearsay Rule

Back 11

Informant must declare either:

That he, himself has seen or perceived the facts asserted

OR

That his information is hearsay but there is a good reason for believing it

Front 12

Exigent circumstances

Back 12

-Hot pursuit of fleeing felon
-Destruction of evidence
-Need to prevent suspects escape
-Risk of danger to police or any other persons inside or outside the dwelling

Front 13

Aguilar "Informant Rule"

Back 13

-Basis of knowledge

-Reliability/Credability

Front 14

SIA (Search Incident to Arrest)

Back 14

When a person is legally arrested for an offense, whatever found on her person or in his control may be seized