Fourth Amendment Flashcards
Fourth Amendment Rule
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated. No warrant shall be issued but upon PC, supported by oath/affirmation, particularly describing the place to be searched and persons/items to be seized.
Person
A person who is protected under the 4A is part of the national community or has significant ties with the community.
Government Action
A government actor is a public official or a private person working on behalf of a government actor in an investigatory role.
Standing
A person has standing when they have a reasonable basis of possessory rights in the item in question.
SEARCH
A search is where a government intrudes upon a person’s reasonable expectation of privacy or there is a physical intrusion of a constitutionally protected area.
Reasonableness/REP
Depends on the circumstances. Prior to Katz, the only way government action constituted a search was if the government trespassed onto a person’s property. In Katz’s majority, what a person knowingly exposes to the public does not constitute a search. The two-prong test: the individual must have an actual expectation of privacy (subjective) and the expectation of privacy must be recognized by society (objective). Under Jones, if a state actor physically intrudes upon a constitutionally protected area and obtains information, there is a search.
Terry Frisk
When an officer has RS, based on specific and articulable facts to believe the defendant is armed and dangerous, he is permitted to conduct a limited search for weapons, not contraband, in order to ensure safety.
Warrant
A warrantless search is unreasonable per se. In order for a warrant to be issued, there must be: a neutral magistrate, PC, oath/affirmation, particularly describing the places to be searched and persons/items to be seized.
Warrant Exceptions: SPACES vvv
Search Incident to Lawful Arrest
SILA attaches to the person. If there is a lawful arrest, an officer may conduct a search contemporaneously if: the individual is unsecured, is able to within his wingspan grab a weapon or evidence of crime. A search can be conducted: the arrestee’s person, containers of the person, the entire car, compartments of the car, excluding the trunk.
Plain view
Officers may make a warrantless search if the officer is at a lawful vantage point, has lawful access, and evidence is immediately apparent.
Automobile
Officers may make a warrantless search of automobile if they have PC to believe it may contain contraband. They may search the entire vehicle, including the trunk, and any containers that the contraband may fit in. Once the contraband is found, the search must stop.
Consent
Officers may make a warrantless search if a person voluntarily consents. They may revoke their consent at any point. Police do not have to inform individuals of their right to refuse consent.
Exigent Circumstances
Officers may make a warrantless search if they are in hot pursuit of a suspect, the suspect is armed and dangerous, reasonable belief that evidence may be destroyed.
Special Needs
Officers may make a warrantless search if their primary purpose is to serve beyond mere enforcement of criminal law. Balancing test is required to ensure the search is reasonable. These include: boarder checkpoints, DUI checkpoints, search of prisoners/parolees, searches of students, etc.
