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4th Amendment Flashcards

(53 cards)

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1
Q

When does the 4A right attach?

A

When there is a search or a seizure.

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2
Q

What is the Katz standard for search?

A

Investigative activity that intrudes upon a justifiable expectation of privacy constitutes a search within the meaning of the 4A.

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3
Q

What does the 4A protect?

A

From unreasonable searches and seizures of persons, houses, papers, and effects

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4
Q

Who has standing to make a 4A claim?

A
  1. Owner of the premises or the items searched
  2. You live in the premises searched
  3. You are an overnight guest of the premises searched
  4. You or your person has been searched or you were seized (arrested)
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5
Q

What is a reasonable expectation of privacy?

A
  1. a person exhibits an actual expectation of privacy
  2. the expectation must be one that society is prepared to accept as reasonable
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6
Q

What is the Third Party Doctrine?

A

A person who voluntarily turns information over to a third party assumes the risk that the third party will release that information

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7
Q

What is the general rule about police surveillance?

A

What a person knowingly exposes to the public, the police can also see (police do not have to divert their eyes)

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8
Q

What happened in United States v. Jones?

A

The GPS tracking device on the bottom of his car without a warrant was an unlawful search, because the device physically trespassed on the vehicle.

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9
Q

How does Katz relate to Trespass doctrine?

A

Katz adds to trespass, not replaces.

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10
Q

What happened in Riley v. California?

A

Cannot conduct a warrantless search of a cellphone’s contents incident to arrest.

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11
Q

What happened in Carpenter v. United States?

A

Using CSLI for a 130 day span was a search because it violated his reasonable expectation of privacy in the whole of his physical movements, so they needed probable cause and a warrant to get this information.

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12
Q

What if a private actor conducts a search?

A

The 4A is not implicated, no matter how unreasonable the search is

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13
Q

What are the 7 most common non-searches?

A
  1. Abandonment
  2. Open fields
  3. Information voluntarily shared to third parties
  4. Information you “shout to the public”
  5. Aerial surveillance from a legal vantage point
  6. Trash
  7. Dog sniff
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14
Q

What is plain view doctrine?

A

(1) immediately apparent that there is PC to believe item is evidence of a crime without touching further and (2) law enforcement officers are lawfully able to “plain view” it

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15
Q

What is curtilage?

A

(1) proximity to the home
(2) enclosure inclusion
(3) nature of areas use
(4) steps taken by the resident to protect the area from observation

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16
Q

Why was the dog sniff in Jardines a search?

A

Because the sniff occurred within the curtilage.

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17
Q

What is a seizure under the 4th Amendment?

A

(1) physical force by the government (laying of hands on you or restraining movement) and (2) there must be submission to this show of authority.

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18
Q

What elements make a search or seizure reasonable?

A

Probable cause (and sometimes a warrant)

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19
Q

What is the 4A warrant requirement?

A
  1. issued by a judge
  2. justified by probable cause
  3. supported by oath and affirmation
  4. particularly describing the person/things to be seized or the place to be searched.
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20
Q

When is a warrant needed for an arrest?

A
  1. Misdemeanor not committed in their presence
  2. A non-emergency arrest in a home/home equivalent
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21
Q

When is a warrant not needed for an arrest?

A
  1. A felony committed in the presence of law enforcement that they had PC to believe it was committed and that person committed it
  2. Police arresting someone in a public place
  3. Hot pursuit/fleeing felon
  4. Search incident to arrest
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22
Q

What is the rule of thumb for hot pursuit?

Study These Flashcards
A

Officers should be about 15 minutes away to be considered in hot pursuit.

23
Q

Where can you search when there is a fleeing felon?

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A

Anywhere the felon might be. Cannot be in drawers or files or anything like that.

24
Q

What is a search incident to arrest?

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A

Police can (1) “probing finger” search a suspect, (2) search the grab area, and (3) make a protective sweep without a warrant or probable cause.

25
What is the grab area?
The area where an arrestee might be able to reach in order to grab a weapon.
26
What is a Buie sweep?
Protective sweep. Can make a quick and limited search of the premise beyond the grab area to make sure there is no one else in the area. Named for Buie case where they did a protective sweep and found the red tracksuit in plain view.
27
How does SITA function in a car?
Before, the entire passenger compartment of the car was the grab area, but now the search of the interior is only permissible if (1) the arrestee is unsecured and within reaching distance of the passenger compartment, or (2) it is reasonable to think that there is evidence in the vehicle.
28
What is probable cause for a search?
Common sense determination under the totality of the circumstances that there is a fair probability that a crime was committed and evidence of the crime would be found in that place.
29
What is probable cause of an arrest?
Common sense determination under the totality of the circumstances that there is a fair probability that a crime was committed and the defendant committed it.
30
What is probable cause for a seizure?
Common sense determination under the totality of the circumstances that there is a fair probability that a crime was committed and the items seized are contraband, instruments of a crime, or evidence of a crime.
31
What can you use to establish probable cause?
Hearsay from anonymous informants so long as their credibility can be determined by the magistrate.
32
What cannot be used to establish probable cause?
Mere hunches or suspicions
33
What case is an example of the fair probability test?
Illinois v. Gates, where the letter sent to officers predicted the exact MO of the criminals. They used this to get a warrant because under all the circumstances there was a fair probability that evidence of a crime would be found in a particular place (the car and the home)
34
How is reasonableness of a search of a person determined?
(1) severity of the crime (2) risk that the suspect poses (3) resistence
35
What is an inventory search?
Police may conduct an inventory search of the contents of a vehicle lawfully in police possession to protect public and police.
36
What if the police get the warrant wrong?
So long as they acted reasonably, a search under an otherwise valid warrant does not violate the 4A.
37
What qualifies exigent circumstances?
(1) hot pursuit (2) imminent destruction of evidence (3) public safety (4) emergency aid
38
What is needed to consent to a search?
(1) voluntary (2) not revoked
39
What is the carroll rule?
searches of cars and boats and other moveable things are treated differently, because they can be moved quickly before the police would be able to get a warrant
40
What did the court say in Mendenhall?
A 4A seizure is viewed by examining the totality of the circumstances, looking to whether a reasonable person would believe if they were free to leave.
41
What is the rule about checkpoints?
A checkpoint should be primarily designed to serve purposes of border policing or roadway safety, they cannot be primarily to uncover evidence of criminal wrongdoing.
42
How does the 4A apply to schools?
Private schools are not covered, public schools are so long as the person is acting as an agent of the state.
43
What is the test for 4A searches in schools?
Balancing the reasonable suspicion that something will be uncovered and the scope of the search necessary to find that information.
44
What is the emergency aid doctrine?
Law enforcement can enter a home without a warrant to render emergency aid or to protect from imminent injury, so long as they have an objectively reasonable basis for believing that there is a need.
45
What is the holding of Terry v. Ohio?
It is reasonable within the meaning of the 4th amendment for an officer to stop and frisk a person without consent or probable cause if the officer has a reasonable cause to suspect that the person is engaged in criminal activity and may be armed.
46
What is reasonable suspicion?
A quantum of proof sufficient to justify an objectively reasonable person in suspecting that a person is/did/will commit a crime
47
What was the example of reasonable suspicion in U.S. v. Sokolow?
The individual fit the profile of a drug courier.
48
Is the reasonable suspicion bar higher or lower than probable cause?
Lower but still not just a hunch
49
What is an example of not enough information for a stop?
An anonymous tip that someone might have a gun does not justify as stop and frisk unless there is additional information.
50
What is required for a frisk? What is a frisk?
Reasonable suspicion that the suspect is armed and dangerous, patting down the outer clothing for places a weapon might be
51
What is required for a stop?
Reasonable suspicion that a suspect has committed a crime based on observable facts or reasonable inferences.
52
How long is a stop?
Should be brief, but as long as police are diligently pursuing a means of investigation that is likely to confirm or dispel their suspicions it is ok.
53
What is an encounter?
When the police just simply talk to citizens/

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