4th Amendment 1st Part Flashcards Preview

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Flashcards in 4th Amendment 1st Part Deck (30):
1

What are the two distinct clauses for 4th Amendment?

1st- All searches and seizures need to be reasonable
2nd- Mandates that PC exist before search or arrest warrants may be issued.

2

The 4th amendment regulates the....

Actions of government officials.

3

Does the 4th Amendment regulate private conduct?

No, regardless whether that conduct is reasonable or unreasonable.

4

Does the 4th Amendment apply when a citizen is acting as an instrument or agent of the government?

Hellllll yes.

5

Who are not government actors?

Wives, Husband, Girlfriend, Hotel maid...

6

Are search warrants and arrest warrants preferred?

Yes.

7

Is a search & arrest without a warrant presumed unreasonable?

Yes.

8

PC alone is never enough to search, what else do you need?

A warrant or a exception.

9

GA+QE+REP or T on E =

4th amendment protection, need a warrant or exception to proceed!

10

What is the standard established by the supreme court for determining whether REP exists?

1st- The individual must have exhibited an actual subjective expectation of privacy
2nd- The expectation must be one that society is prepared to recognize as reasonable.

11

What are some examples of where REP is not expected?

Hair color
Scars
Visible tattoos
Vin #
License Plate

12

What triggers the 4th amendment?

Government Agent (GA) + On a Quest for Evidence + where a Reasonable Expectation of Privacy is expected (REP)

13

What are the 4 Dunn factors to consider when trying to determine if something is part of the curtilage? "Road Map"

1.Proximity of the area to the home
2.Whether the area is included within an enclosure around the house
3.Whether the area is used for activity relating to the house
4.Steps taken by residents to ensure privacy

14

Do you have REP @ a hotel?

Helllll yeah!

15

If a dude named ZACK is walking around butt naked in his dorm room with his blinds open smoking that MJ and growing MJ plants, would ZACK have REP if a TSA chick walked by and saw this dude from the sidewalk?

Helll na.... wait depends if he wants that TSA lady...

16

What are the 3 types of LEO-Citizen encounters?

Consent/Voluntary Contact
Investigative Detention (Terry Stop)
Arrest

17

WHEN Zack invited this kind lady from TSA into his room for HOT Pockets, does she have REP while standing by for dem HOT pockets?

Nope! She just be visiting...

18

IF....IF this TSA Lady didn't leave till the next day cuz you know dem HOT Pockets take FOREVER to cook.... had to go nite nite till the next morning.... would she THEN have REP at MATT's dorm room?

Yes.... but hot pockets dont take that long...... hmm

19

What would an officer need for a ID/Terry Stop?

RS that criminal activity is afoot.

20

What does an officer need to perform a Terry Frisk?

RS that someone is presently armed and dangerous

21

What is the purpose of a Terry Frisk?

To locate weapons or any hard objects that could harm an officer.

22

What does the Plain Touch Doctrine require?

Suspect was lawfully Detained
It be preceded by a lawful Frisk
No MANIPULATION of the object allowed
The evidence was IMMEDIATELY APPARENT

23

Can we use Race as a basis?

NO, never just on race.

24

When can we use Race to stop someone?

If its part of a BOLO.

25

What are the exceptions to the exclusionary rule?

No Standing to object
Good Faith
Inevitable Discovery
Impeachment

26

A lawful frisk is an exception to the what requirement?

Warrant

27

The exclusionary rule is a judicially created remedy designed to deter....

Unlawfully obtained evidence.

28

What can a Officer Terry Frisk on a vehicle?

Entire passenger compartments, unlocked departs only.. no the trunk.

29

What does a LEO have to have to perform a Terry Frisk on a vehicle?

RS that someone in the vehicle is armed and dangerous.

30

A search must be objectively ______?

Reasonable