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25 Cards in this Set
- Front
- Back
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History of the 4th Amendment: General Warrants
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Right of the king's soldiers to search in any suspected house or premises without notice or warning. US wanted a different set up, didn't want to imitate GB
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Right of the People
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"The People" are USPERs but for the 4th Amendment's sake, not: prisoners, federal employees, military personnel, company e-mail, students etc.
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To be secure in their persons
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to include wing span: secure in their body, physical body or anything attached to or hanging from body (purse, bag, wallet, briefcase)
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To be secure in their houses
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physical place you own, rent, live/reside. Extends to area immediately outside of house, known as
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CA v. Greenwood
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Part of "secure in their houses"
4th Amendment does not prohibit warantless search/seizure of trash outside house. BUT, FBI has a higher standard and must get a warrant/supervisor approval and also can not open tax records w/o prior permission from IRS |
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Can we see airspace over a property w/o a warrant?
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YES: Open Fields Doctrine, fair game for FBI to look at, anything beyond curtilage
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To be secure in their papers
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Will, academic papers, documents, mail email, physical papers
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To be secure in their chattel
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Whatever you own that is not your "papers" property you own, excluding a car
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Against unreasonable searches and seizures, what about security?
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Need for security in a public situation outweighs people's right to 4th Amendment
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REASONABLE searches:
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TSA, searching @ public events, school environment for safety, government buildings, DUI checkpoints, border crossings
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UNREASONABLE Searches
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Any search that does not fall within the "reasonable" must have a warrant, unreasonable search is rendered reasonable with a warrant
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Kyllo v. United States
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Permits use of thermal devices to look through walls (with a warrant)
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Terry v. Ohio established what exception to "unreasonable searches"
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OH policeman saw 2 men casing a store, thinks a robbery is gonna happen. Frisks them and finds a gun. SC said cop had a right/ability, if life is in danger, to pat with a hand. Must be REASONABLE SUSPICION (more than a hunch)
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Exigent circumstances established what exception to "unreasonable searches"
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If police see a crime being committed, they don't need a warrant: "hot pursuit" pursuing a criminal who enters a house, don't need a warrant to enter.
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Consent established what exception to "unreasonable searches"
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Constitution says that a spouse could give consent but FBI policy says that we can't search if the person isn't there. APPARENT AUTHORITY: a repairman or child doesn't have, only people with authority can consent and can stop at anytime. Anything found 9in consensual search can be used.
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Plain view established what exception to "unreasonable searches"
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No warrant is needed if something is in plain view, but the police must know it's contraband/illegal. Must identify it (can use a commercially available camera)
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Motor vehicle exception
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LEO doesn't need warrant if he has ARTICULABLE PROBABLE CAUSE that there is evidence of a crime inside the car
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Search v. seizure
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Arrest is seizure
Seizure is when something is taken Search is when something is looked at |
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Consequences of 4th Amendment Violation - Exclusionary Rule
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All evidence obtained without a search warrant is not admissible at trial (there is an exeption)
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Exception to Exclusionary Rule: Inevitable Discover
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Police would have discovered it anyway, can be used at trial. Brewer v. Williams (Church case as well): Dead body admissable under theory of inevitable discovery
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"Silver Platter Doctrine"
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When a federal court proceeding goes afoul b/c evidence is inadmissible bc of 4th Amendment violation, can't be used by another court system (e.g. state court)
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Fruit of the Poisonous Tree
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Any evidence discovered that goes beyond the scope of a warrant - have valid warrant and exceed that scope, that's inadmissable in court
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What is a search warrant? 4 characteristics:
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1. Signed by a neutral judge or magistrate, states with specificity the area to be searched.
2. Affidavit by LEO, sworn, utilized to secure warrant, set forth probable cause to obtain it 3. Form of inventory to what was found 4. Warrant return: goes back to the court after the warrant's been completed. |
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"But Upon Probable Cause supported by Oath or Affirmation"
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PROBABLE CAUSE (established by ILLINOIS V. GATES): Based on the TOTALITY OF CIRCUMSTANCES, a REASONABLE PERSON would conclude that a crime has occurred, is occurring, or is about to occur.
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"And particularly describing the place to be searched, and the persons or things to be seized"
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Scope of the search: warrant must have scope of only what is needed in relation to crime, can't look in a drawer for a huge TV.
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