Factors/Random
Requirements of a warrant
-Probable cause
-Oath affirmation
-Detached magistrate
-Items to be seized with particularity
-Place to be searched with particularity
Drug dog sniffing around car during traffic stop...
It Depends. If the dog sniffing causes the stop to be "prolonged" then it would be deemed unconstitutional
Kyllo
There is a 4th Amen. violation when police use sensor enhancing technology to monitor the intimate nature of the inside of the home with technology not available to general public.
Katz 2 Prong Test
-Subjective, did the person have a reasonable expectation of privacy and demonstrate that.
-Objective, does society believe there is a reasonable expectation of privacy.
6 categories that are exceptions to warrants
1. Cars and containers
2. Plain View
3. Inventory
4. Search Incident Arrest
5. Exigent Circumstances
6. Consent
How to determine whether area is an "open field" or curtilage
Dunn 4 Factor Test
C-concealment
U-Use
E-Enclosure
D-Distance
Can Police enter a home when they see two people fighting through a window and one person is being seriously harmed?
Yes. Under the caretaking function role, police don't need a warrant and courts will look at REASONABLENESS of the entry based on the caretaking rationale.
Consent
-Must be voluntary
-Cannot be mere acquiesance to authority
-determined by TOTALITY OF CICRUMSTANCES
-Must have authority to consent
Plain View
1. Police must be there lawfully
2. Item in plain view.
3. Immediately apparent the criminality of the object.
Requirements of Search Incident Arrest
Arrest must be lawful, custodial
Can search person (items on person) and can search within wingspan under Robinson/Chimmel (protecting police and preventing destroying evidence)
Factors to determine if place is a home or car
-the location where it is (public?)
-is the vehicle readily mobile or on blocks
-licensed?
-connected to utilities
-access to public road
Searching the records of a cell phone for location without a warrant.
YES A VIOLATION. Carpenter v. U.S.
It is considered a 4th violation, to search the phone records for a person's location is against 4th Amen. Third party doctrine does not apply cell phone records/location information. MUST GET A WARRANT.
1. searches and seizures of persons and places
2. warrants govern search and seizures
-unreasonable searches and seizures
-no warrant shall be issued but upon probable cause
Can police search a phone or other digital items upon arrest?
Police can search the physical items for weapons, however they cannot search the contents of the phone without a warrant.
What constitutes hot pursuit?
1. Fleeing felon
2. Destruction of evidence
3. Harm to officers
POLICE CANNOT CREATE THE EXIGENCY BY THREATENING TO VIOLATE 4TH AMEN.
When is a person seized?
When a reasonable person would not feel free to leave, when a person submits to a show of police authority, or police physically subdue or restrain.
Flying over someone's house to view their curtilage.
As long as police are in navigable airspace, they do not intrude on person's land and they can see the area (contraband) with their naked eyes.
Ciraolo
Search of curtilage from a navigable air space is fine as long as don't intrude on Def. property and the area can be seen by naked eye.
Terry Doctrine
When an officer observes unusual conduct that reasonably leads him to assume that criminal activity is afoot, and that people he is interacting with are armed, He may conduct limited search for weapons
STANDARD REASONABLE SUSPICION
Do all the exceptions need probable cause?
YES, all of them BUT consent. Consent is simply asking.
Example. for Search Incident arrest you need probable cause to arrest someone.
For exigent, you need probable cause that the person is felon fleeing or destruction of evidence will occur.
Third Party Doctrine
Person has no legitimate expectation of privacy in information they voluntarily provided to third party.
Why is a car not as protected by the 4th as a house?
-House enumerated in the 4th and is a "sanctuary"
-Car is mobile and typically not where people live. It is regulated by the government through checks and license branch. You drive a car on public roads therefore there is less of an expectation of privacy.
Atwater
Full custodial arrest permitted for any offense even one that only permits a fine
Gant-Cars
Police may search a vehicle incident to a recent occupants arrest when it is reasonable to believe that evidence of the offense of arrest will be found within the vehicle. Police may search passenger compartment of vehicle, trunk, and containers. THIS RULE APPLIES EVEN WHEN ARRESTEE IS DETAINED AND NO LONGER IN REACHING DISTANCE OF VEHICLE
Who is the decider of probable cause when arrest is made without a warrant?
How long to determine "official" probable cause?
Police. If the arrest happens in public without a warrant.
48 hours to have a probable cause hearing so a detached magistrate can rule on the probable cause presented for the arrest.