Searches Flashcards
What is a “Search”?
When government conduct violates a reasonable expectation of privacy
Places People Do Have a Reasonable Expectation of Privacy Against the Government
(1) Homes
(2) Hotel Room
(3) Offices
(4) Luggage
(5) Curtilage
Places People Do NOT Have a Reasonable Expectation of Privacy Against the Government
(1) Public streets
(2) Open fields
(3) Garbage cans left out in the street
(4) Abandoned property
Exam Tip Regarding Reasonable Expectation of Privacy
Be aware of who holds the reasonable expectation of privacy and who is claiming the search
The government’s actions are valid unless it is the defendant who has the reasonable expectation of privacy
Warrant Requirement
Generally, government needs a search warrant to conduct a search IF THERE IS A REASONABLE EXPECTATION OF PRIVACY
Three Requirements for Search Warrants to be Valid
(1) Issued by NEUTRAL MAGISTRATE
(2) Based on PROBABLE CAUSE to believe the items sought are fruits, instrumentalities, or evidence of crime
(3) DESCRIBES WITH PARTICULARITY the property and place to be searched
What Happens if Warrant Does Not Meet the Requirements?
The warrant is invalid, and the items seized pursuant to warrant will be excluded from prosecution’s case-in-chief
Exceptions to the Warrant Requirement
ESCAPES
(1) Exigent Circumstances
(2) Search Incident to Arrest
(3) Consent
(4) Automobiles
(5) Plain View
(6) Evidence Obtained from Administrative Searches
(7) Stop and Frisk
Warrant Requirement Exception: Exigent Circumstances
If officers are in “HOT PURSUIT” or there is an IMMEDIATE DANGER, they may conduct a search without getting a warrant first
Warrant Requirement Exception: Search Incident to Arrest
If arrest was lawful, search warrant unnecessary
Warrant Requirement Exception: Consent
D can consent to search
Consent can involve outright deception (undercover cop)
Third parties can give consent if they have apparent control over property to be searched
Warrant Requirement Exception: Automobiles
If police have PROBABLE CAUSE to believe automobile contains contraband, they can search those PARTS OF VEHICLE THAT MIGHT CONTAIN CONTRABAND, even without an arrest
Can also be done incident to arrest if suspect is arrested
Warrant Requirement Exception: Plain View
If police are LEGALLY PRESENT, can seize any item in plain view, even if item was not named in the warrant
Warrant Requirement Exception: Evidence Obtained from Administrative Searches
Police do not need search warrants to conduct admin searches
Used to ensure compliance with various admin regulations
Examples:
(1) Airplane boarding areas
(2) International borders
(3) Highly regulated industries (liquor stores/gun shops)
(4) Searches of students in public schools
(5) Special needs searches
(6) DUI checkpoints
Warrant Requirement Exception: Stop and Frisk
Can conduct limited search for weapons
