Search and Seizure

Question 1

4th Amendment

Answer 1

No unreasonable search and seizure (applies to fed gov’t, applies to states through 14th amendment).

Search or seizure by a gov’t actor requires a warrant (or an exception to the warrant requirement).

Exclusionary rule + FOPT.

Question 2

Search and Seizure Standing

Answer 2

Government Conduct: public police, ind’s at police direction, private police deputized w power of arrest

Reasonable Expectation of Privacy: own, live, overnight guest (not things held out to public)

Question 3

Warrant Requirements

Answer 3

probable cause (fair prob. E will be found)
particularity
neutral detached magistrate

Question 4

Warrant Execution

Answer 4

By police w/out unreasonable delay
Scope limited to reasonably necessary to discover specified items
Can detain person but not search
Must knock + announce unless dangerous/futile/inhibit

Question 5

Warrant Challenges

Answer 5

Intentional/reckless falsehood material to finding PC

Rare unless so lacking in 2 P’s, cop lied magistrate biased

Good faith exception

Question 6

Warrant Exceptions

Answer 6

1-3. Consent, Stop & Frisk, Auto
4-5. Plain View, Incident to Arrest
6-8. Evanescent E, Hot Pursuit, ER Aid

Question 7

Warrant Exception - Consent

Answer 7

by one cops reasonably believe can give it
“warrant” negates
each co-owner can withhold

Question 8

Warrant Exception - Stop + Frisk

Answer 8

stop = reas suspicion of criminal act. supported by art. facts

frisk = reas. belief armed (reach in + take if reas believe to be contraband by plain feel - no manipulation)

Question 9

Warrant Exception - Auto

Answer 9

Prob Cause (can arise post-stop) that car is/has contraband = search entire car and reasonable containers that could contain item searched for

Question 10

Warrant Exception - Plain View

Answer 10

Legit cop presence + see item in plain view + reas. belief to be contraband

Question 11

Warrant Exception - Incident to Lawful Arrest

Answer 11

lawful arrest based on prob cause = contemporaneous (time + place) search of person + wingspan

• -Car: arrestee unsecured or reas. belief that E of arresting offense is in car
• -Inventory: belongings + car

Question 12

Warrant Exception - Evanescent E

Answer 12

fleeting (could disappear in warrant time)

–need warrant for DUI blood test

Question 13

Warrant Exception - Hot Pursuit

Answer 13

w/in 15 minutes of fleeing felon (can enter home + have legit presence for plain view)

Question 14

Warrant Exception - ER Aid

Answer 14

situation threatens health/safety

Question 15

Exclusionary Rule

Answer 15

E obtained in violation of 4th amendment is inadmissible (doesn’t apply to grand jury or parol proceeding)

Question 16

FOPT

Answer 16

all E derived from exploitation of illegally obtained E is also inadmissible
–Exceptions: knock + announce violation, ind. source, inevitable disclosure, intentional act of free will

Question 17

Exclusionary Rule and FOPT Violations

Answer 17

Harmless error (gov’t must show beyond reasonable doubt that conviction would have resulted anyway)

Question 18

Miscellaneous Searches

Answer 18

Schools: moderate chance of finding E of rule violations + measure reasonably related to obj. + not overly intrusive

Wiretap/Eavesdrop: warrant required except Unreliable Ear (assume risk listener wired) + Uninvited Ear (no attempt to keep private)