Search & Seizure; Reasonableness

Question 1

Who wrote the first 10 amendments to the Constitution aka the Bill of Rights?

Answer 1

James Madison

Question 2

Why did James Madison write the Bill of Rights?

Answer 2

• in response to calls from several states for greater constitutional protection for individual liberties
• they list specific prohibitions on governmental power

Question 3

What were General Warrants and why did the Founding Fathers hated them?

Answer 3

• issued by the Brisish Crown
• allowed its bearer to search wherever or seize whomever or whatever he wished during the regin of the king, merely because of some vauge clain of disloylty
• used to suffocate political and religious dissent for centuries
• Colonists viewed them as instruments of tyranny
• state after state went on to outlaw general warrants in their consitutions, before the 4th Amendment prohibited it in the federal Constitution

Question 4

4th Amedment

Answer 4

• right to be let alone
• any search must be justified and limited
  
  • should be secured at at peace in your own home
• protectes from unreasonable Searches and Seizures

Question 5

Reasonableness Clause

Answer 5

• 4th Amendment
• prohibits unreasonable searches & seizures
• the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated

Question 6

Warrant Clause

Answer 6

• 4th Amendment
• eliminates the hated general warrant
• no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Question 7

Who is protected under the 4th Amedment?

Answer 7

The people—-everyone

Government of the people, by the people and for the people

Not just “citizens” - includes slaves & disenfranchised women ALiens within the US that have developed a substantial connection with this country (US v Verdugo-Urquidez, 1990)

Question 8

Who is the 4th Amedment protecting the people from?

Answer 8

• originally the federal government (Barron v Baltimore, 1833) then states also (Wolf v Colorado, 1949; Mapp v OH, 1961)
• government officials and agents particulary, law enforcement (police, sheriffs, troopers, special agents)
• Not Private Actors

Question 9

What is being protected by the 4th Amednment?

Answer 9

• Security
• Liberty (privacy) and property
• persons, houses, papers, effects

Question 10

What kind of warrant would I need to search persons, houses, papers, and effects?

Answer 10

• Arrest Warrant
  
  • persons
• Serch Warrant
  
  • houses
  • papers
  • effects

Reasonableness - Probable Cause

Question 11

What is Property Interest?

Answer 11

The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seiures, shall not be violated in terms of property.

Question 12

What does Property Interst Cover/ Not Cover?

Answer 12

COVERS______Private Property - home (no tresspassing) so one needs a search warrant

Not Covers_____Public Areas & Where Invited - government places; places where one is invited so no search required

Question 13

Flordia v Jardines

Answer 13

• anonymous tip that home was being used for marijuana groth
• Police led a dog to front door to sniff and left
  
  • dog alerted to the scent of contraband

Justice John Roberts held that the use of a trained detection dog to sniff for narcotics on the front porch of a private home is a “search,” and therefore, without consent, requires both probable cause ans a search warrant.

Summary: Dog Sniffing at front porch was an Unconstitutional Search

Question 14

Define Curtilage

Answer 14

• a zone of habitation
• the land immediately surrounding and associated with the home and harbors the intimate activities associated with the sanctity of a man’s home and the privavies of life

(Oliver v US; US v Dunn)

Question 15

What court case defined that the curtilage is part of the home for 4th Amednment purposes?

aka the 4th Amendment doesn’t apply beyond the curtilage

Answer 15

Flordia v. Jardines

Question 16

What four measures do police look at when defining curtilage?

Answer 16

1. proximity to home
2. whether the area is within enclosure around hourse
3. the nature and uses to which the area is put
4. the setps taken by resident to protect the area from observation by people passing by

Question 17

Collins v Virginia

US__2018

Answer 17

• police suspected a motocycle in Ruan Collins’ possession was stolen
• Officer drove to his house, saw a motercyle covered by tarp in driveway, and lifted the tarp to reveal license plate and vehicle identification numbers
  
  • determined it was stolen
• Officer arrested Collins

The automobile exception does not permit the warrantless entry of a home or its curtilage in order to search a vehicle therein.

Summary: Unconstitiutional Search

Question 18

Oliver v US

466 US 170 (1984)

Answer 18

• Ray Oliver was convicted after police w/o a warrant, drove their car onto Oliver’s property and past his house, walked past a no trespassing sign about a mile, before finding his marjuana plants
• the courts said if hikers or airplanes can see it then its beyond the curtilage
• open fields doctrine

Question 19

Define Open Fields

Answer 19

• any unoccupied or underdeveloped area outside the curtilage (zone of habitation
• need neither by “open” or a “field”
  
  • broad deffinition
• the government’s intrusion upn an open field is not a search in a constitutional sense
  
  • it may be a trespass at common law
  • O.F. do not provide the setting for activities that the 4th Amend. intended to shelter from government intrusion or surveillance

Question 20

Liberty Interest

Answer 20

The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seiures, shall not be violated in terms of liberty.

Question 21

What does Liberty Interest Cover/Not Cover?

Answer 21

• Private matters - secrets
  
  • requires search
  • right to privavy
• Public Matters
  
  • no search required

Question 22

Boyd v US

116 US 616 (1886)

Answer 22

• Supreme COurt held that 4th and 5th amendments taken together protect a zone of privacy
  
  • citizens cannot be compelled to produce what the government could not search for and seize
  • equivalent to an Unconstitutional Search
• later overturned but was an early landmar that articulated an important legal privacy perspective and 1st use exclusionary rule

Question 23

Weeks v US

1914

Answer 23

• holding that evidence illegally obtained by federal officers could not be used in federal criminal prosecutions

Question 24

US v Katz

389 US 347 1967

Answer 24

• FBI was using a electronic device to eaves drop on Charles Katz conversations in a public telephone booth
• Justice Harlan declared that these reasons give a right of privacy i the given circumstance…
  
  • if the individual “has exhibited an actual (subjective) expectation of privacy”
  • society is prepared to recognize that this expectation is (objectively) reasonable

Summary: Unconstitutional Search AND a dislinking of privacy from property

Question 25

What is a Seizure?

Answer 25

* witin the meaning of the 4th Amend. that triggers constitutional protections * a meaningful interference with an individual's prossessory interest by state action * the exercise of dominion or control by the government over a person or theing because of a violation of law

Question 26

Items subject to police seizures fall into what 4 general categories?

Answer 26

1. contraband including countefiet money 2. fruits of a crime ie stolen goods 3. instrumentalities of a crime 1. robbery tools and weapons 4. mere evidene of a crime, such as clothing containing blood, mask

Question 27

Does the defendant have the right to complain?

Answer 27

Yes, but the burden is on the defendant by a preponderance of evidence to establish his right to contest the search or seizure

Question 28

Was the search constitiutionally reasonable? Are there exceptions?

Answer 28

* Search Warrant = default yes * yes there are exceptions * probable cause * in plain view * consented to... * exigency * other good reason * as judged by: exigency, suspicion =, intrusion/scope (given ALL the circumstances)

Question 29

US v Houston

Answer 29

* Police mounted a camera on a utility pole on public property next to a residence * part of image was an open field * camera was used for 10 weeks and was used to obtain a warrant for Rocky Joe Houston for firearms possession The 6th Circuit held that 10 week's worth of video of what happened on a suspect's property using a video camera on a public utility pole is not a "search" under the 4th Amendment Constitutional

Question 30

US vJones 565 US 400 (2012)

Answer 30

* GPS was placed on suspects car with an invalid warrant * court unanimously held this to be a violation of the 4th amendment * trespassory violation on the car * prolonged surveillance to be a privacy violation (28 days) * tracking of modern surveillance to be a privacy violation GPS Tracker = Unconstitutional Search

Question 31

US v White 401 US 745 (1971)

Answer 31

* James A. White was convicted of narcotics charges after talking to a friend who was wearing a concealed microphone w/o a warrant * Not a Search = Constitutional * b/c he lost privacy when he confided into a friend * recorded concversation merely documented what the informant would report

Question 32

Smith v Maryland 442 US 735 (1979)

Answer 32

* police had telephone company record numbers dialed form the telephone of Smith's home * U.S. Supreme Court held that the installation and use of the pen register was not a "search" within the meaning of the 4th Amendment * all telephone users must convey their info to phone companies making the info public and not a search * no warrant was required

Question 33

Electronic Communications Privacy Act

Answer 33

* 1986: Congress acknwledged that traditional 4th Amendment protections were lacking * this act updates the Federal Wiretap Act of 1968 * addressed protections on telephone land line privacies

Question 34

Stored Communications Act SCA

Answer 34

* creates 4th Amednment-like privacy protection for email and other digital comunications stored on the internet * limits the ability of the government to compel an ISP to turn over content information and noncontent information * limits the ability of commercial ISPs to reveal content information to nongovernment entites

Question 35

Carpenter v U.S. 585 US\_\_\_\_ (2018)

Answer 35

* a group of robbers were caught and their cellphones seized * SCA required FBI to obtain a warrant to access the cellphone phone number records * they obtained reasonable grounds but not probable cause * 5-4 split, the court ruled that the search was unconstitutional * the ruling in Smith v Maryland could not be applied here

Question 36

RIly v California 573 US 2014

Answer 36

* the court unanimously held that the search of a cellphone w/o a warrant was a violation of the 4th amendment * contents of cell is both qualitatively and quantitatively different from other objects in a person's pockets and their is time to get a warrant

Question 37

What happenend in.... In the Matter of the Search of Residence in Oakland, California

Answer 37

The U.S. DIstrict Magistrate Judge rejected the request to compel the defendant to use his fingerprint to unlock a cellphone and permit a search of the massive data stores on the phone, not because it was an unreasonable search under the 4th Amendment, but because it violated the 5th Amednment right against self-incrimination.