1st class

Question 1

4th Amendment ground rules:

Answer 1

1) Courts prefer search warrants
2) Homes receive the highest protection
3) No protection for items exposed to public view
4) You can go wherever the public can go
5) Probably cause alone is never enough to search

Question 2

Search and seizure clause

Answer 2

the right of THE PEOPLE to be secure in their PERSONS, HOUSES, PAPERS, & EFFECTS, against unreasonable searches and seizures, shall not be violated

Question 3

Warrants clause

Answer 3

no warrants shall issue, but UPON PROBABLE CAUSE, supported by oath or affirmation, and PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED.

Question 4

What are 3 ways to enter a home?

Answer 4

a warrant, consent, or warrant exception

Question 5

Search

Answer 5

• a GOVERNMENT intrusion/entrance into an area where a person has a REASONABLE EXPECTATION OF PRIVACY (REP).

OR

• a physical trespass onto a constitutionally protected area to obtain information.

Question 6

what are the legal requirements to search?

Answer 6

• Probably cause AND a warrant or warrant exception

Question 7

Can you search a home with only probable cause?

Answer 7

NEVER!!!!

Question 8

what happens to evidence found during an unlawful search?

Answer 8

• exclusionary rule applies

- evidence inadmissible at trial

Question 9

who are private actors?

Answer 9

• family
• hotel maids
• bondsmen
• private security
• private mail workers (fedex, ups)

Question 10

what happens to evidence found by a private actor?

Answer 10

• Admissible at trial

Question 11

warrants for

BODY OF THE SUSPECT?

Answer 11

• Above the skin - NO WARRANT NEEDED

- Beneath the skin - YOU NEED A WARRANT

Question 12

warrants for

VEHICLES?

Answer 12

• Exterior - NO WARRANT NEEDED

- Interior - YOU NEED A WARRANT

Question 13

exterior of vehicle includes:

Answer 13

• vehicle color/make/model
• VIN #
• license plate #
• undercarriage of vehicle

Question 14

interior of vehicle includes:

Answer 14

• entering vehicles
• entering containers
• entering trunks
• entering other parts of the vehicle

Question 15

who has REP inside of the vehicle?

Answer 15

• ONLY the driver

Question 16

who has REP in rentals?

Answer 16

• in any rental (car, apartment, locker) the only person who can give CONSENT to search is the renter.

Question 17

containers with or without REP:

Answer 17

• open containers - NO REP

- closed/opaque containers - REP

Question 18

curtilage

Answer 18

areas immediately surrounding the home where INTIMATE ACTIVITIES of the home are extended to.

• REP

Question 19

open fields

Answer 19

• unoccupied or underdeveloped areas outside of the curtilage.
• NO REP
• DO NOT ENTER structures in the open fields without a warrant, consent, or warrant exception.

Question 20

Diff. between home and curtilage:

US vs. DUNN

Answer 20

• proximity to home
• common enclosure (fence)
• how the area is being used
• steps taken to prevent observation

Question 21

REP for abandoned property:

Answer 21

• throw away property - NO REP

- deny ownership - NO REP

Question 22

REP for garbage

Answer 22

• inside home - REP
• outside home on street curb - NO REP
• outside home within curtilage - DEPENDS

Question 23

are sensory enhancements intrusions?

Answer 23

• depends on whether the enhancement is general public usage and what the enhancement is being used to view.
• ex: binoculars, telescopes, thermal imaging, aerial surveillance.

Question 24

REP for mail:

Answer 24

• outside package of first class mail - NO REP
• inside package of first class mail - REP
• other than first class mail - NO REP
• mail covers - NO REP
• postcards/leaflets - NO REP
• mail detentions - NEED REASONABLE SUSPICION