Exceptions to the 4th Amendment
True or false: A search occurs when government conduct violates a person's reasonable expectation to privacy.
True
This landmark case involved a telephone booth, and defined a standard of expectation of privacy under the 4th amendment
Katz
What does it require to obtain a search warrant?
Issued by neutral magistrate
Based on probable cause, and
description of place and property to be searched with particularity
T/F Person under the fourth amendment includes the exterior of d’s body including her clothing such as when she is patted down for weapon
T- Terry v. Ohio
Name 4 places where there is NOT a “reasonable expectation of privacy.”
Public streets
Open fields
Garbage left on street
Abandoned property
Anything visible for public airspace
Anything that can be seen inside one’s home from public space
Blank was a landmark decision in which the Court held that stop and frisk is not a violation of the 4th amendment
Terry v. Ohio
Define probable cause
The officer witnesses the commission of the crime; OR
A person tells the officer that a crime has been committed.
T/F- A warrant requires only reasonable suspicion
F, probable cause
Name 4 places where there is a “reasonable expectation of privacy.”
Home
Hotel room
Offices
Backyard of home (curtilage)
Luggage
under the BLANK reasonable person standard a person is ‘seized’ if they believe they are not free to leave
United States v. Mendenhall, 446 U.S. 544, 554 (1980)
When can an officer make an arrest inside a person's home, without a warrant?
Consent to enter; OR
Exigent circumstances
T/F if a police officer destroys your property, they have conducted a search
T, text p. 110
Exceptions to 4th Amendment (ESCAPES)
Exigent circumstances
Search incident to lawful arrest
Consent
Automobiles
Plain view
Evidence obtained from administrative searches
Stop and frisk
The three-prong test for an investigatory stop. First, there must be reasonable suspicion. Second, the intrusion upon privacy must be reasonable. Third, the scope and character of the intrusion must be reasonably related to its purpose.
People v. Revoal, 2012 CO 8, ¶ 10, 269 P.3d 1238, 1240
What is the cartilage of a home?
a search requiring a warrant. Florida v. Jardines, 569 U.S. 1 (2013).
T/F “pre-Katz decisions looking at the trespass doctrine, Scotus concluded that the use of a search h light is not as search, because light cannot trespass
True, text page 67