4th Amendment

Question 0

When does the 4th Amendment apply to “private citizen” searches?

Answer 0

1. Does the gov’t know of the private actor’s conduct
2. Does the citizen intend to assist LEOs prior to search
3. Does the gov’t affirmatively encourages, initiates or instigates the private action

Question 1

What are the factors to consider when determining “Curtilage”?

Answer 1

1. PROXIMITY of the area claimed to be curtilage to the home itself.
2. Is it included within a SINGLE ENCLOSURE surrounding the home
3. The USE of the area
4. Steps taken to PROTECT the area from observation from passers

Question 2

What is the Katz v. United States 2-pronged test?

Answer 2

1. Has the person demanded privacy?

2. If privacy has been demanded, is it accepted by the public?

Question 3

Who has REP in a vehicle?

Answer 3

1. Owner/Operator - YES (with permission)
2. Rental/Lease - YES
   
   • If on the contract; MYABE if using with permission
3. Passengers - MAYBE (but probably not)
   
   • In Taxis - Only as to personal “containers”

Question 4

REP v. Government Employees

A lawful intrusion must be what?

Answer 4

1. JUSTIFIED in its Inception

2. REASONABLE in its scope

Question 5

What is considered “Open Fields”?

Answer 5

Any unoccupied or undeveloped area outside of the curtilage.

Question 6

Is there REP in Open Fields?

Answer 6

No

Question 7

What does “Curtilage” mean?

Answer 7

The area to which extends the intimate activity associated with the sanctity of the homes and the privacies of life.

Question 8

The lawfulness of using devices to enhance an officer’s senses generally turn up on which issues?

Answer 8

1. The sophistication of the device
   - –Can ONLY make it as visible as to the naked eye
2. Whether the activity that was viewed occurred in public or in private

Question 9

When does/doesn’t REP exist in concerns with mail?

Answer 9

• 1st Class (and higher) mail through USPS and private carriers (FedEx, UPS, DHL, etc.)
• But NOT for outside the envelopes and postcards

Question 10

What are the “common” REP areas that come up during the 4th Amendment?

Answer 10

Body, Vehicles, Homes, Containers, Curtilage/Open Fields, Government Workplaces, Abandoned Property, & Mail

Question 11

What are the two ways a person can be seized?

Answer 11

1. Application of Force

2. Submission to Officer’s “Show of Authority”

Question 12

What are the three types of “People” seizures?

Answer 12

1. Consensual Encounter
2. Investigation Detention (Terry Stops)
3. Arrest

Question 13

What is “Reasonable Suspicion”?

Answer 13

FACTS AND CIRCUMSTANCES that would cause a reasonable LEO to conclude that criminal activity MITGHT BE AFOOT

Question 14

What does “Criminal activity is afoot” mean?

Answer 14

1. A crime is about to be committed
2. A crime is being committed
3. A crime has been committed

Question 15

What is “Probable Cause”?

Answer 15

Facts and circumstances that would cause a reasonable LEO to conclude a “FAIR PROBABILITY” that criminal activity might be afoot.

Question 16

What is an “Investigative Detention”?

Answer 16

Reasonable and articulable suspicion that criminal activity is afoot and the person detained is somehow involved.

Question 17

What actions may be taken based on a hunch?

Answer 17

• Voluntary contact
• Surveillance
• Interview witnesses, co-workers
• Examine public records

Question 18

What are the two outcomes of a Terry Stop?

Answer 18

1. Let them go

2. Develop enough PC to make an arrest

Question 19

What two things must an Officer demonstrate to justify “Frisk”?

Answer 19

1. The investigatory stop must be LAWFUL

2. Officer must reasonably suspect the person is ARMED and DANGEROUS

Question 20

When can you use Race or Ethnicity as a legitimate investigative lead?

Answer 20

1. Trustworthy Information
2. Relevant to locality or time
3. Links persons of a particular race to CRIME, SCHEME or ORGANIZATION

Question 21

What are considered “presumed credible” sources?

Answer 21

1. LEOs
2. Witnesses
3. Victims
4. Co-Criminal/Partner-in-crime

Question 22

What is the 2-pronged test developed from Aguilar v. Texas for the basis of use of information?

Answer 22

1. Credibility of the sources

2. Basis of knowledge (5W/H)

Question 23

What are some factors in developing RS to frisk?

Answer 23

*Prior criminal history, *Furtive Movements, *Bulge in clothing, Reputation of suspect, Prior info, Type of Crime involved, Location, No. of suspects, Time of day

Question 24

How can a LEO justify seizing a soft or small object during a frisk?

Answer 24

It needs to be “IMMEDIATELY APPARENT” to the LEO to be contraband/evidence.

Question 25

What are some exceptions to the Exclusionary Rule?

Answer 25

• No Standing to Object
• Good Faith
• Impeachment
• Foreign Searches
• Inevitable Discovery

Question 26

What case was the Exclusionary Rule established?

Answer 26

Weeks v. US

Question 27

What did Mapp v. Ohio create?

Answer 27

The inclusion of State and Local officials, along with FLEOs, in the Exclusionary Rule

Question 28

What amendment does the “Fruit of the Poisonous Tree” affect?

Answer 28

4th Amendment

Question 29

What are the 2 requirements needed in order to seize evidence under the “Plain Touch” doctrine?

Answer 29

1. Frisk must have been LAWFUL

2. Item must have been IMMEDIATELY APPARENT to be contraband

Question 30

The Supreme Court rejected the Aguilar test for Gates v. IL, establishing the ________ as the bases for determining PC.

Answer 30

Totality of Circumstances

Question 31

What does the “No Standing to Object” exception mean?

Answer 31

A defendant must demonstrate that he personally has an expectation of privacy in the place being searched

Question 32

What are the 3 underlying rationales of the “Good Faith” exception?

Answer 32

1. Meant to deter LEOs misconduct
2. No evidence that magistrates/judges tend to ignore the 4th
3. Application of the exclusionary rule will not have a significant deterrent effect on magistrates/judges