Doctrines
What two legal rules/concepts determine whether the criminal defendant has standing to make a Fourth Amendment challenge?
1. State Action Doctrine
2. Reasonable Expectations of Privacy
What are Reasonable Expectations of Privacy as it pertains to technology?
A search conducted with technology that is not readily available to the public will violate Reasonable Expectation of Privacy
What is the legal significance of a search or seizure that is within the scope of a validly issued warrant?
The search or seizure is deemed to be reasonable. Thus, evidence acquired by such a search/seizure is admissible (not exclude-able on 4th Amendment Grounds)
What is the 3 requirements of Plain View Exception?
1. Police officers plainly see an item while lawfully positioned vice versa the criminal defendant
2. the item's incriminating nature is immediately apparent
3. police officers have lawful access to the incriminating item
SIVA: What are the four requirements?
1. The arrest must be based on probable cause (it does not require a warrant)
2. even absent fear for safety or belief that evidence will be found, search of suspect's person and the area within suspect's immediate control (wingspan is permitted)
3. warrantless arrests and searches incident thereto are permissible even if the arrest is for a misdemeanor punishable only be fine
4. Must be contemporaneous with or may precede arrest
How does a criminal defendant making a Fourth Amendment challenge satisfy the State Action Doctrine?
Assert that the evidence was obtained as a result of an unlawful search, seizure, or arrest conducted by a government actor, agency, or agent.
note: this includes private actors acting at the behest of law enforcement
What is the Fourth Amendment standard for Constitutional (aka lawful) "Searches and Seizures"?
Reasonableness
What are the 3 requirements for a validly issued warrant?
1. neutral and detached magistrate
2. adequate showing of probable cause
3. describe with particularity the place to be searched or item to be seized
Note: arrest warrant must identify the suspect by name or must provide a reasonably specific description of the suspect
What 4 things must be true for the consent exception to apply? What are the limits on the consent exception? Quirks about consent exception?
(1) Consent must be voluntarily and intelligent given without coercion, duress, or fraud; (2) Consent defines the scope of the search; (3) Consenting party can withdraw consent at any time; (4) When multiple co-tenants/owners are present, consent must be unanimous ;(5) Consent could be given by a third-party who has actual or apparent authority to consent
Limits: LL cannot consent to a search of Tenant's premises, hotel owners cannot consent to the search of guest's room or employer's cannot consent to the search of an employee's private storage area
Quirks about consent exception: an absent co-tenant does not have standing to object to a search consented to by another co-tenant (assuming all co-tenants present consented)
Automobile Exception: Can you get into the trunk with this exception? What are limits?
Yes. If there is a PC to believe that a moving or temporarily stopped vehicle contains evidence of criminality, the entire vehicle (including its trunk, compartment, and containers) may be subject a search.The applies to cars parked in a public place or in a shared lot.
Limit: it does not apply to parked vehicles if parked in the private driveway of a home
Besides satisfying the State Action Doctrine, what else must a criminal defendant show when making a 4th Amendment challenge?
Assert that the criminal defendant had a reasonable expectation of privacy in the area search and item seized
What is true of evidence acquired as a result of a reasonable "search or seizure"?
Generally admissible. Not exclude-able on 4th Amendment grounds
What is the legal significance of a search or seizure that is not within the scope of a validly issued warrant?
1. it is reasonableness depends on the circumstances of the search or seizure.
2. If "reasonable," an exception to the warrant requirement should be in play, in which case the evidence seized is admissible
3. If "un-reasonable," then the evidence seized is subject to the exclusionary rule
What must be true in order to qualify as a lawful "stop"?
the stop is a seizure and so must be reasonable
If accompanied by investigatory questioning, there must be reasonable suspicion that suspect has committed, is committing, or is about to commit a crime
Hot Pursuit Exception: What is required for the Hot Pursuit Exception?
What are 4 areas that reasonable expectations of privacy are extended to...
1. Your person
2. Your home
3. Other closed structures on your premises
4. Open areas on your real property but only if within the curtilage (the area immediately surrounding a dwelling)
*note: to a lesser extent, your vehicle
What is the true of evidence acquired as a result of an unreasonable "search or seizure"?
Per the Exclusionary Rule, such evidence is generally inadmissible
If the police have a validly issued warrant, is their search or seizure necessarily "reasonable"?
not if their search or seizure falls beyond the scope of that validly issued warrant
*maybe the search/seizure is reasonable, maybe not
What must be true to qualify as a lawful "frisk"?
A "frisk" is a search incident to a lawful stop; it requires. reasonable suspicion that suspect is armed and dangerous
Exigent Circumstances: What is required? What are the quirks about exigent circumstances exception?
reasonable belief that a victim is in serious imminent harm or probable cause to believe that evidence may be lost or destroyed before a warrant can be obtained.
Quirk: This can apply to "fingernail" evidence, so long as reasonable procedures are used, drawing blood from a suspect usually requires a warrant and pumping a suspect's stomach for swallowed evidence deemed unreasonable.
What is the Open Fields Doctrine?
No Reasonable Expectation of Privacy in an open field on one's premises that is outside or beyond the curtilage.
Recourse: motion to suppress
Rule: The exclusionary rule
If a search or seizure is deemed unconstitutional, can the defendant move to dismiss the charges?
Dismissal of charges is not the immediate recourse of a criminal defendant.
That is, a Fourth Amendment violation does not automatically lead to a dismissal of charges
However, a motion to dismiss charges may be appropriately granted if, because of the invocation of the exclusionary rule, the prosecution does not have sufficient evidence to make its case
What is the "Plain Feel" in the context of a lawful stop and frisk?
The frisk is justified as a search for weapons however, if it is immediately apparent from a pat ("a feel") that contraband is on the person, that contraband may be seized
*note: "plain feel" does not allow for manipulation or investigation of the thing felt during the pat down/frisk
What is the exception to the Exclusionary Rule? What is the rule?
Good faith. Police officers reasonably rely on a search warrant that turns out to be invalid or inaccurate.
Because the warrant is in fact invalid or inaccurate, the government has no reasonable basis for conducting the search. And so, while the officers act reasonably, their search is "unreasonable" in the fourth amendment sense.