4th Amendment

Question 1

4th amendment gen rule

Answer 1

Protects the right of the ppl to secure in their persons, houses, papers, and effects, against unreasonable searches and seizures by the government

Question 2

Elements of 4th
Amendment violation

Answer 2

1. conducted by government
2. constitutes seach or seizure
3. involves person, houses, effect, liberty, and privacy
4. is unreasonable

Question 3

reasonable expectation of privacy two-prong test

Answer 3

1. Subjective - person exhibited an actual expectation of privacy
2. Objective - the expectation is one that society is prepared to deem reasonable

Question 4

what is curtilage?

Answer 4

The area immediately surrounding the home

Case by case determination based on ToC

Question 5

factors to determine where land is curtilage

Answer 5

1. the areas proximity to the home
2. whether it is enclosed
3. the nature of the use
4. the precautions taken to exclude others

Question 6

Is phyiscal intrusion onto curtilage a search?

Answer 6

YES

Question 7

when is use of sense-enhancing technology a presumptively unreasonable search?

Answer 7

1. Gov uses a device that is NOT IN GENERAL PUBLIC USE
2. to explore the DETAILS OF THE HOME
3. that would have PREVIOUSLY BEEN UNKNOWABLE without physical intrusion

Question 8

what is probable cause

Answer 8

a quantum of likelihood

requires SUFFICIENT LIKELIHOOD

fair probability, substantial chance, or substantial basis

Question 9

when is probable cause required

Answer 9

all warrants and all arrests

some warrantless searches and seizures, if supported by PC will be reasonable

Question 10

Warrant Requirements

Answer 10

1. PC
2. Oath or Affirmation
3. Particularly describing place or thing to be search or seized
4. Properly Executed

Question 11

PC & Warrant Req to search

Answer 11

Need WARRANT and PC that:

1. smth than can be properly subject to search or seizure by the gov
2. presently or will be there in the future
3. in the specific place to be searched

Question 12

Staleness

Answer 12

Concerns whether the item can “PRESENTLY” be found at a certain location. Related to the passage of time, but time alone is not dispositive. Applies to SEARCHES, but not to arrests.

Question 13

Exclusionary Rule

Answer 13

This reliable evidence, obtained on the basis of probable cause, will be excluded from the ∆’s
trial pursuant to the 4th Am EXCLUSIONARY RULE, absent some exception to the Rule.