Fourth Amendment Flashcards
Katz Test: Fourth Amendment Search Test
(1) Whether the person subjectively had an expectation of privacy
(2) Whether society is willing to accept their expectation of privacy as reasonable
Third-Party Doctrine: Information Sharing
a person does not have a reasonable expectation of privacy for information voluntarily shared with a third party or that they “knowingly share with the public.
Public Exposure
what a person exposes to the public, even in his own home, is not subject to 4th Amendment protections
Curtilage Doctrine
An area associated with the sanctity of a man’s home and the privacies of life is afforded the same protections as the rest of the home
Curtilage Factors
1) proximity to the home; 2) whether the area is included within an enclosure surrounding the home; 3) the nature of the uses to which the area is put; 4) steps taken by the resident to protect the area from the observation of passerby
Open Fields Doctrine
open fields, even those attached to a home, are not subject to 4th Amendment protections.
Seizure of Property
a meaningful interference with an individual’s possessory interest in that property
Seizure of a person
A person is seized by means of force or a showing of authority that terminates or restrains freedom of movement—so long as the detention is willful and not merely the consequence of an unknowing act
General Rule for a Seizure
when in view of all of the circumstances a reasonable person would have believed they were not free to leave
Constructive Detention
Mere touching of the other person with the intent of making an arrest, even if unsuccessful, results in a seizure. California v. Hodari.
An attempted arrest, that does not apply any force or make physical contact, does not constitute a seizure if D does not yield. California v. Hodari.
The application of physical force to restrain amounts to a seizure, but such a seizure only lasts as long as the application of the force. Torres v. Madrid.
Warrants: Generally
(1) 4th Amendment reasonableness is established when the police act pursuant to a warrant supported by probable cause
(2) Searches without prior approval are per se unreasonable–subject to a few specifically established and well-delineated exceptions. Arizona v. Grant.
Probable Cause
“It is enough that there was a fair probability”–determined by evaluating the totality of the circumstances.
Limited Scope of a Warrantless Entry
the scope of a warrantless search of a __ is defined by the object of the search and the place s in which there is probable cause to believe that it may be found.
Warrantless Entry into the home of a warrantee
An arrest warrant allows for a limited ability to search their home when there is reason the suspect is within the home–in order to effectuate the arrest; BUT in the absence of exigent circumstances, such an entry is not permssible into the home of a third party
Warrants: Oath and Affirmation
Application: Application for the warrant must include sufficient facts for a magistrate to find probable cause for a search.
False Statements: D may make a substantial preliminary showing that a false statement was recklessly or intentionally made in the application–which was necessary to the finding of probable cause–and have a hearing at the D’s request
Findings in Plain View
During a search: items with “incriminating character [that] is immediately apparent” may be seized–so long as the 4th Amendment was not violated in the observation
Hot Pursuit
police may pursue a fleeing suspect into a home when they have probable cause to make an arrest and the attempted arrest began in a public space
Hot Pursuit (misdemeanors)
treated on a case-by-case basis by analyzing a totality of the circumstances–whether pursuit was reasonable (nature of the crime, nature of the flight, and the surrounding circumstances)
Emergency Aid
police may enter a home without a warrant when they have an objectively reasonable belief an occupant is seriously injured or imminently threatened with such injury
Destruction of Evidence
Police may force a warrantless entry into a home when they have reasonable belief that evidence of the crime is being destroyed
Search Incident to Arrest: Person
Where there is probable cause for an arrest, police may search the seized person without any further probable cause
Search of Home/Arrested Areas Incident to Arrest
The home and surrounding area may be searched
(1) for the safety of officers on the crime scene
(2) in spaces where there is probable cause to believe an immediate attack could be launched
(3) and only to the extent necessary to inspect the space
Search of Automobile Incident to Arrest
Automobiles may only be searched incident to arrest when
(1) there is a concern of community safety of a potential weapon in the vehicle; or
(2) when there is probable cause to believe there is evidence of the crime for which the person was arrested in within the vehicle
Unwarranted Vehicle Search Factors:
- Ready mobility of the home
- The presence of the vehicle in the setting objectively indicates it is being used for transportation
