11. Constitutional Definition of a Search. Flashcards
(32 cards)
Under what authority do I have to search?
Authority is granted under the fourth amendment to the United States Constitution, and article 14 of the Massachusetts declaration of rights
These rights insist officers based their searches on probable cause and perform in a reasonable manner
Probable cause ensures that officers invade the privacy of a citizen only when they have adequate justification
Who has the burden of proof to show that a warrantless search was reasonable?
The government
When, and only when is a search subject to constitutional regulations?
State action, example by law-enforcement, official, or an agent of the government
When there is a reasonable expectation of privacy. The search must intrude on the suspect reasonable, expectation of privacy
Police may take advantage of a citizen’s desire to help so long as I do not:
Direct the effort (case where an inmate provided details on another inmates rape, then told the police. SJC ruled this was proper, because police did not direct him to provide the information in the first).
If a doctor pulls a bullet out of a suspect leg, is he now an agent of the government if he turns over the bullet to me?
No, because the removal of the bullet was medically necessary
Hospital blood test, proof defendants intoxication of OUI at trial.
The motivation for the test was medically necessary, and not for the discovery of evidence.
Do public school administrators need a warrant to search?
No, but must have reasonable suspicion in order to search, and methods must be appropriate given the object of the search. What are they looking for? The nature of offense?
What specifically is the fourth amendment and article 14 clear about protecting from unreasonable police intrusions?
Private areas. Private areas include:
Citizens body
Home
Possessions
What are the three constitutional justifications to enter private areas?
Warrant
Consent
Exception to warrant
Clothing removed by hospital for treatment versus safekeeping;
Treatment: ripped off and thrown on floor? no expectation of privacy. Sorry.
Safekeeping : clothing, removed and not torn away and stored for safekeeping in a bag in locker. Constitutional bus ticket required for this warrant, consent, exigent circumstances
What level of information is needed for a probation officer (or a police officer assisting that probation officer) To search a person on probation?
Reasonable suspicion
However, if that search is conducted in the probationers home, a warrant based on reasonable suspicion is needed
Separate consents, warrant based on reasonable suspicion to seize a probationers phone
Parole officers may conduct warrantless searches of homes/trailers/ramshackle apartments/of parolees.
Is a hotel or motel room considered a dwelling for curtilage privacy protections?
Yes, hotel or motel guests are entitled to expectation of privacy in their rooms, except if they’ve been properly evicted.
Can I search a college dorm room without a warrant?
No, a college dorm room is considered a dwelling, and you would need a search, consent, emergency aid, or exigent circumstances
Is a fenced in backyard considered part of a cartilage?
Yes, also, the side yard of a multifamily may be part of the cartilage and a mailbox is considered part of the cartilage
What does open fields refer to?
Any area beyond the curtilage.
Is a driveway part of the curtilage?
No, not if a visitor uses it to reach the front or back door.
May police over hear conversations?
They may overhear private conversations from an area where the suspect has no reasonable, expectation of privacy.
When officers intrude on a suspect’s privacy, what do they need?
A warrant or some other legal justification.
Can the police knock at the entrance of someone’s door?
Yes, but a person does not have to open it and they should not insist they do but they may knock on anybody’s door.
What is a knock and talk and when should it occur?
A knock and talk is when police identify themselves.This should only occur during normal visiting hours, otherwise the approach is coercive.
Can I shine my flashlight in somebody’s window?
Yes when called to investigate an incident. This is permissible.
May I use binoculars in public?
Yes, however if I’m using them to observe activities inside the home that does infringe on privacy.
What level of information do I need to try a key in a lock of a private home?
Reasonable suspicion is needed. Once confirmed the key works, then get a warrant.
Is the K9 sniff of the curtilage permitted?
According to the Supreme Court, without more, this is not permissible because the court likened to the use of a super sensitive instrument to detect things that cannot otherwise be seen/smelled.
Do I need a warrant to violate a residence privacy with use of technology?
Yes, because you are learning about activities inside the home (example thermal imaging)
