Search
What are the 2 tests for deciding whether or not there was a search?
What is:
1. Reasonable expectation of privacy
2. Physical intrusion
What are the 2 types of seizures under the 4th Amendment?
What is:
1. Seizure of property
2. Seizure of a person
What is the term for a "fair probability" of criminal activity?
What is:
Probable cause
True or False: Warrants are always needed to conduct a lawful search or seizure
What is: False
What is an example of an effect?
What is:
personal property, cars, RVs, etc.
"The right of the people to be secure in their _______, _______, _______, and ______ against unreasonable searches and seizures. . ."
What are: persons, houses, papers, and effects
If there is a non-physical show of authority and you do not submit to the show of authority, is there a seizure?
What is:
No; without submission, there is no seizure.
What is the name of the case we read to learn about stop-and-frisks?
What is:
Terry v. Ohio
Who has to issue a warrant in order for it to be valid?
What is:
a neutral and detached magistrate
When performing a Terry frisk, what is the only thing an officer can frisk for?
What is:
Weapons
What is the difference between an objective expectation of privacy and a subjective expectation of privacy?
What is:
Objective: an expectation of privacy recognized by society
Subjective: an expectation of privacy that varies from person to person
Name three factors to weigh in the free-to-leave-test
What is (any 3 of the following or more):
Location of the Encounter
Number, Tone, Demeanor of Officers
Officers in Uniform or Plain Clothes
Retaining an Individual’s Personal Items
Advise of Freedom to End the Encounter
Physical Touch or Restraint
Which burden of evidence is harder to meet: probable cause or reasonable suspicion?
What is:
probable cause
Do officers need a warrant to perform a Terry stop?
What is:
No
The ________ rule provides the remedy when your 4th Amendment rights have been violated; any evidence gathered during an unlawful search or seizure is can not be used in the government’s case against you
What is:
exclusionary
True or False: A person never has a reasonable expectation of privacy in public
What is:
False
True or False: Ever seizure requires a warrant
What is:
False
Under the Fourth Amendment, a school official is permitted to search a student if there is __________ ___________ that the search will result in evidence of the student's violation of either the law or school rules.
What is:
reasonable suspicion
The four requirements for a warrant are:
What are:
1. Good faith (be supported by oath and affirmation)
2. Be based on probable cause
3. Issued by a neutral and detached magistrate
4. Specific (describe with particularity the place to be searched and the person or thing to be seized)
Your expectation of privacy is highest in the _______.
What is:
Home
Chris is a private investigator who hates the government. They have worked as a P.I. for forty years and have helped bring numerous civil cases against government parties. Detective Little sees an ad for Chris's P.I. services in the newspaper and hired him to help on a big drug case. While scoping out a primary suspect for the case, Chris sees who he believes to be Rolanda, the leader of a notorious drug cartel. Chris recognizes Rolanda's unique green and red hair. As a result, Chris promptly stops Rolanda and orders her to get into his car so he can take her to the station.
Could Rolanda argue that her fourth amendment rights had been violated?
What is: Yes- (1) Chris was acting as a government agent; (2) Her person was seized; (3) there was no warrant; (4) the search was arguably unreasonable
Svetlana makes her own clay earrings, and sells them to her friends at school. After school one day, Svetlana and her 5 year-old sister went to their local arts & crafts store to pick up some supplies. While Svetlana was distracted, her younger sister picked up some play-dough and put it in Svetlana’s backpack. Once Svetlana got the supplies she needed, she went to the cash register to check out.
As Svetlana and her sister were walking back to the car, an officer stopped them. The cop demanded to search Svetlana’s bag after an employee called him, stating that Svetlana stole an item. Before Svetlana could respond, the cop grabbed her backpack and found the missing play-dough.
Thankfully, Svetlana’s sister explained what happened, and both sisters were free to go.
(1) Was there a government action?
(2) Was that action a search or seizure?
(3) If there was a search or seizure, was there a warrant?
(4) If there was no warrant, was the search or seizure reasonable?
What is:
(1) Yes. There was a police action.
(2) Both. A Search of Svetlana’s Bag & Seizure by short detainment of her person.
(3) No warrant.
(4) REASONABLE. The police searched & seized Svetlana after the store employee identified that Svetlana left the store without paying for the item.
Eleanor loved cocktail shrimp. In fact, she frequently would steal shrimp from fancy restaurants in her neighborhood. One day, mailman Chidi was delivering mail to the fancy restaurant "The Good Place," when he saw Eleanor fill her purse with unpaid shrimp. He immediately stopped her and searched her purse, finding dozen of shrimp.
Were Chidi's actions constitutional?
(1) Was there a government action?
(2) Was that action a search or seizure?
(3) If there was a search or seizure, was there a warrant?
(4) If there was no warrant, was the search or seizure reasonable?
What is: Yes
(1) Chidi is a government agent
(2) He searched Eleanor's Purpose
(3) There was no warrant
(4) BUT, he had probable cause because saw her take the shrimp in a public place
Prison Mike was recently released from prison after serving 10 years for paper trafficking, which is a felony in Scranton. Officer Dwight hated Prison Mike and strongly believed that he should spend his life behind bars. After hearing that Prison Mike was being released, Officer Dwight applied for a warrant, believing that it was only a matter of time before Prison Mike started trafficking paper again. Magistrate Angela, relying on Officer Dwight's descriptive Affidavit, granted an arrest warrant. Officer Dwight promptly arrests Prison Mike.
Is this warrant valid? Why or why not?
What is: No. Officer Dwight did not apply for the warrant in good faith AND there was no probable cause.
What is the opening statement for the beginning of an oral argument?
What is:
“May it please the Court, my name is ______, and I represent the petitioner/respondent in this case.”