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30 Cards in this Set

  • Front
  • Back
State the 4th Amendment.
The right of the people to be secure in their person, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.
In order to have a COA (Cause of Action) for a 4th amendment violation, what must there be?
1.) Governmental action or conduct,
2.) A search and/or seizure
Does the 4th amendment apply to State actors? How?
Yes. "The 4th amendment is applicable to STATE actions because of the 14th Amendment's due process clause."
What is a search?
An invasion of a person's reasonable expectation of privacy. It is a two prong test of objective and subjective standards
The Jones Test
Would the encroachment on a person, house, paper, or effect have been considered a search under the 4th amendment at the time it was adopted (1791 - i.e. Trespass to Chattel)?
The Katz Test
1) Did the person have a subjective expectation of privacy?
2) Does society recognize that expectation as reasonable?
Under the Katz Test, what factors are considered in determining whether a person had a reasonable expectation of privacy WHEN A SEARCH OCCURRED?
Home/Curtilage Factors:
-Distance from home,
-enclosed vs. not enclosed,
-nature and use,
-steps taken to limit from view of the public.

*Thermal Imaging is NOT allowed
*Beeper in house NOT allowed (privacy expectation in the home).
Under the Katz Test, what factors are considered in determining whether a person have a reasonable expectation of privacy WHEN NO SEARCH OCCURRED?
-Open Fields Doctrine - These are not "effects" as described in the fourth amendment.
-Aerial observation (naked eye)
-Trash (no expectation of privacy in trash
-Public behavior (beeper in car, radio transmitter)
-Bank records (no privacy since others can see them)
-Phone numbers dialed
-Dog sniff
What constitutes a seizure?
If a reasonable person would believe that he is not free to leave, or otherwise terminate the encounter.

*A chase is not a seizure until the suspect is caught
*Terry Stop exception
In what scenarios does an officer need probable cause to justify a search/seizure?
A search/seizure based on probable cause is justified when it is made during:
-a search
-an arrest/detainment for sustained interrogation
In what scenarios does an officer need reasonable suspicion to justify a search/seizure?
A search/seizure based on reasonable suspicion is justified when it is made during:
-Stop (Terry) - an investigative detention lasting only long enough to effectuate the reason for the stop.
-Protective Search/Frisk - areas where weapon could be obtained/home if a dangerous person could be there
What is Probable Cause? What about for a search? Arrest?
A "Fair probability of criminal activity".

Search- Fair probability that items are evidence of criminal activity, and are presently located at specified place.

Arrest - fair probability that a crime was committed and arrestee committed it.
There are two elements considered when establishing probable cause, what are they?
1) Totality of the circumstances
2)Objective Standard- whether a reasonable officer COULD have stopped, subjective intentions and officer motivations are IRRELEVANT
When information is obtained from an anonymous source, what factors are considered when looking at the totality of the circumstances to establish probable cause?
-Source of info
-Veracity
-Basis of Knowledge
-Amount of detail
-Corroboration
-Officer's Opinions
In Maryland v. Pringle officers arrested the driver and front-passenger of a vehicle when drugs were found in the backseat. Pringle appealed conviction based on lack of probable cause to arrest. How did the court rule?
When a reasonable officer can conclude that a defendant is guilty, probable cause exists. When contraband is found in a vehicle, there is probable cause to arrest its occupants, regardless of their proximity to the contraband.
In what ways can reasonable suspicion be established? (Protective searches/Stops)
Reasonable suspicion can be established by:
-Totality of the Circumstances
-Objective Standard
-Criminal activity afoot
-deference to officer opinons
-SPECIFIC anonymous tips, NOT general ones.
When is a warrant required in order to perform a search or seizure?
1) Always for searches unless there is an established exception.
2) For Arrest:
--home- unless exception to warrant
--In public- misdemeanors and below, unless officer witnessed it happen.
There are 12 warrant exceptions, name them all.
1. Search incident to arrest
2. Hot pursuit
3. Plain View
4. Automobile Exceptions
5. Inventory Searches
6. Borders
7. Checkpoints
8. Consent
9. Probation/Parole
10. Special Needs Searches
11. Exigent Circumstances
12. Stop and Frisk (Terry Stops)
What are the limitations and requirements of a search incident to arrest?
1) Arrest must be lawful (probable cause)
2) Search must be limited to grab-space
3) Search must be contemporaneous w/arrest
*Protective sweep allowed if properly conducted
*Automobile -(passenger compartment/containers, but NOT trunk), cannot search vehicle after occupant has been secured and can no longer access it, unless evidence of original offense can be found in the vehicle. (Gant rule)
What are the elements of Hot Pursuit?
1) Exigency
2) Probable Cause
What are the elements of the Plain View Doctrine?
1) Police must lawfully be in the area where they have access to the evidence.
2) item in plain view must be immediately apparent as contraband or evidence W/OUT manipulation (Hicks)
3) Plain Touch (Pat down reveals object that the officer has probably cause to believe the object is incriminating evidence.)
What are the elements of the Automobile Exception?
1) Must be a vehicle (even if parked, not functional, or is a motor home)
2) Probable cause to search for specific evidence

*can search ENTIRE vehicle, Can search containers if the item they are searching for could be in the container, or, if they have probable cause to search a container they can search the car for the container and open it.
What are the requirements and limitations on the inventory search exception?
1) Property must be lawfully possessed by police
2)No probable cause necessary - not meant for investigative search
3) Scope must be pursuant to established policy and procedures.
When does the Border Exception apply? What level of suspicion is required?
At permanent borders and fixed checkpoints, no Reasonable Suspicion is needed unless the search is more intrusive (strip search, xray, cavity). (U.S. v. Ramsey; U.S. v. Montoya-Hernandez).

International mail may be searched with reasonable cause (not RS)
What are the limitations and requirements for the checkpoint exception? (i.e. sobriety checkpoints)
1) must be a neutral and objective plan for stopping vehicles
2) CANNOT be to detect evidence of ordinary criminal wrongdoing (Edmond, Lidster, Sitz)
3) No PC or RS is necessary
In the Consent exception, there are two types of consent, what are they?
Voluntary & Third Party
What factors are considered in determining whether consent was voluntary?
1) whether police conduct was coercive
2) whether conduct was sufficient to overcome will
Who can give 3rd party consent?
Persons with actual or apparent authority. Co-occupants can consent unless other co-occupant is present and objects.
What are the requirements/limitations of the Probation/Parole exception?
-RS is needed for Probationers,
-no RS or PC is needed for Parolees.
What are the elements for the Special Needs exception?
1) Noncriminal purpose
2) Balance health and safety vs. intrusion

*Administrative (Safety Inspections) - Warrant may be required unless 1) emergency, or 2) closely regulated business. No RS needed.
*Drug Testing - suspicionless searches: RR employees, Customs Agents, Athletes, etc.
*Schools - Reduced privacy expectation with heightened govt interest, only RS necessary.