Search 🔎
I- Name the three approaches to searches
II- Briefly explain them
Bonus: Name the cases they came from
Olmstead- Property Approach: trespass is necessary
Jones- Mixed Approach: trespass+ information is sufficient, privacy approach sufficient
Katz- Privacy Approach: 1) subjective expectation of privacy + 2) society recognizes it as reasonable
How is someone seized?
Physical force or submission to show of authority
What is a general warrant and why do we hate the British?
Bonus: What prevents a general warrant?
General warrants allowed general exploratory rummaging into people's belongings.
The warrant requirement of 'particular description' makes these general searches impossible
Four situations when flight matters:
They could be a threat to others, a threat to themselves, possible destruction of evidence, and possible escape from the home
Can you search a night stand with protective sweep? Why not?
No, no one is hiding in a night stand.
I- Why does the curtilage get Fourth Amendment protection?
II- What is the curtilage test?
I- The Fourth Amendment protects the home and the curtilage is an extension of that
II- Dunn Test: 1) Area's proximty to house, 2) Whether the area is inside a fence/enclosure with the home, 3) Usage of area, 4) Steps taken to prevent observation of the area
I. When is someone seized? (NOT how)
II. Name some considerations
In view of the totality of the circumstances, would a reasonable person believe they were free to go?
1) Did the officers have weapons, 2) Physical touch, 3) Tone and Voice, 4) How many officers were there
Name the warrant requirements
1. Specific description of location to be searched
2. Specific description of thing to be seized
3. Probable Cause
4. Supported by Oath or Affirmation
5. Issued by a neutral magistrate
Explain Plain View
1. An officer is justified in being in a palce
2. He inadvertently finds a thing
3. This thing is immeidtaely recognized as illegal
(no rummaging)
Did the person know they could say no? Did the police coerce the person? What was the vulnerable subjective state of the defendant?
Explain the Third Party Doctrine and provide an example
Trash bags- Greenwood
Pen Register- Smith
NOT Cell Site Location Information- Carpenter
What do you need for an arrest?
Probable Cause
What can an officer do to someone present while executing a warrant?
They can detain the person during which they can handcuff them and question them
Why do automobiles have a lower expectation of privacy?
1. They are readibly mobile
2. By nature of traveling on public roads they are also regulated through inspections
Explain New York v. Burger
Junkyard is a pervasively regulated industry so there is a lower expectation of privacy
Allowed a warrantless inspection because the law furthered the state interest of preventing car theft.
Name one limitation of the dog sniff
You can't bring the dog to the curtilage (Jardines) and it can't extend the length of the stop/detention (Rodriguez)
If someone is seized through force how long does that seizure last?
Only as long as the force itself unless the force is submitted to
What are the three justifications of detention while executing a search warrant?
1. Prevent Flight
2. Minimal Risk of Harm
3. Facilitate Orderly Searches
What are the two physical/spatial scopes of search Incident to Arrest? Also, what are the two things that can be searched for in a search Incident to Arrest?
On the person and in the person's immeidate control
Weapons and evidence that could be destroyed
What standard do we use at the border?
Reasonable Suspicion
Why is Aerial Surveillance a justified search?
TRICK QUESTION
It's not a search
"Public vantage point"- Ciraolo
Knowingly Exposed Doctrine- Riley
If an officer bumps into a suspect is it a seizure? Why?
Although it is physical force, this was incidental and not with the intent to seize
What is the knock-and-announce rule? AKA does it make a search unreasonable?
Whether an officer knocks and announces himself forms a part of the reasonableness inquiry, it does not make the search automatically unreasonable.
What are the three justification for an officer searching a man's bag at the stationhouse after he was arrested?
1. Deter theft
2. Keeps suspect from hurting himself or others
3. Helps identify the person
Why was the sarch in Redding not allowed?
Although there was enough reasonable suspicion to justify a search of her backpack and outer clothing, the search of her undergarments was outside the scope of that reasonable suspicion.