4th Amendment

Question 1

What is the 4A

Answer 1

The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches 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 persons or things to be seized

Question 2

Who are “the people” described by the 4A

Answer 2

(1) Part of the national community
(2) Anyone with “connection” with the US, not just citizens

Question 3

US v Verdugo-Urguidez

Answer 3

Facts: govt searched a non-resident alien’s house located in Mexico
Holding: 4A doesn’t apply, search of property was owned by a non-resident in a foreign country (not a person within 4A)

Question 4

Does the 4A apply to non-criminal cases

Answer 4

Yes

Question 5

Does the 4A only apply to protection against the govt and those acting in conjecture with it

Answer 5

Yes

Question 6

What is a Search

Answer 6

When there has been a violation of a reasonable expectation of privacy or a physical intrusion of a constitutionally protected area

Question 7

What is a constitutionally protected area

Answer 7

persons, houses, papers, and effects

Question 8

What is a seizure

Answer 8

interference with an individuals possessory interests in that property

Question 9

What are the 2 types of seizures

Answer 9

(1) Arrests –> PC
(2) Stops –> Reasonable Suspicion

Question 10

A search or seizure wouldn’t violate the 4A if you have a ________, which needs, _________

Answer 10

warrant ; probable cause

Question 11

What are the 2 types of search tests

Answer 11

(1) Physical Intrusion
(2) Reasonable Expectation of Privacy

Question 12

Olmstead v US

Answer 12

PHYSICAL INTRUSION CASE
Facts: Govt wiretapped D’s office phones and the wires that connected to his home telephones
Holding: 4A not violated - no physical intrusion – One who has connecting wires to a telephone, intends to project his voice to those outside

Question 13

Katz v US – 1/3 most important cases in Crim Pro

Answer 13

REASONABLE EXPECTATION OF PRIVACY
Facts: FBI wiretapped public phone booth which D used.
Holding: 4A violated: D had a subjective manifestation of privacy in phone booth

Question 14

Reasonable Expectation of Privacy Test Elements

Answer 14

(1) Person actually exhibited subjective manifestation of privacy (took affirmative steps to protect their privacy) – SUBJECTIVE
(2) Society thinks this expectation is reasonable – OBJECTIVE