Expectation of Privacy
What are open fields?
Lands beyond the home and it's curtilage; no Fourth Amendment protection
What four elements are required for a search warrant?
(1) approval by detached and neutral magistrate
(2) probable cause
(3) particularity requirement
(4) oath or affidavit
Name a case that you strongly disagree with the holding and explain why. How would you change it?
N/A
Under Terry v. Ohio, police may search an individual based on _________ ________ that criminal activity is afoot?
Reasonable suspicion
Is a search incident to citation constitutional?
No, an arrest is required.
What is the third party doctrine?
An individual has no reasonable expectation of privacy in information or items voluntarily conveyed to a third party
In Maryland v. Garrison, why was the warrant and subsequent search upheld despite there being two apartments instead of the one expected?
(1) reasonably relied on information known at the time of execution and (2) stopped the search when they determined their mistake
Why does an arrest warrant fail to meet constitutional standard when used to arrest someone in a third party's home? What is required?
The arrest warrant doesn't protect the privacy interests of the third party. A search warrant is required.
An officer pulled over a mechanic for a broken headlight. The back window is open and the officer sees a set of drills in a pouch from the mechanic's workshop. He pats the mechanic down, clearly feels a screwdriver, and seizes the item despite the mechanic's logo clearly on his shirt. Is this seizure constitutional?
Yes, officers are able to seize dangerous instruments from a Terry pat down to protect their safety.
Under Wyoming v. Houghton, can police officers search a purse in the backseat that belongs to the driver's mother when the automobile exception is met?
Yes - probable cause to search the vehicle extends to all items within the vehicle
What are the two prongs of the reasonable expectation of privacy test?
(1) A person exhibits actual (subjective) expectation of privacy and (2) the expectation is one that society is prepared to recognize
What are the two prongs of Aguilar-Spinelli?
Can items be suppressed because of officer failure to knock and announce? What other punishment is given?
What is the brevity requirement for Terry stops?
What are the four Gant factors for a valid search of a car incident to arrest?
(1) destruction of evidence
(2) officer safety
(3) escape
(3) reasonable suspicion that evidence of the offense committed will be found
What are the four Dunn curtilage factors?
(1) proximity to the house, (2) enclosure surrounding home, (3) nature of use, and (4) steps taken to protect the area
Why don't conditions precedent in the affidavit/application need to be transferred into the warrant for it to be valid?
Conditions precedent are not required to satisfy the particularity requirement.
In Brignoni-Ponce, what are the two factors that were sufficient to provide reasonable suspicion for stopping and questioning? Which one of them would be certainly insufficient standing alone?
(1) proximity to the border
(2) Ancestry/physical appearance
Why wasn't the anonymous tip in Florida v. J.L. sufficient to justify a stop and frisk?
What is the main holding from Carpenter and what line of cases is this based on?
Information obtained from CSLI data cannot be seized without a search warrant; this is based on Katz reasonable expectation of privacy
Why was Karo unconstitutional but Knotts wasn't?
Knotts didn't involve physical trespass and was solely tracking public roads; Karo involved some physical trespass and tracked movement within the curtilage and home
Why wasn't the warrant in Groh v. Baltimore, which stated that officers could search the entire ranch, valid?
It failed to satisfy the particularity requirement because it did not include the affidavit attached for specification
What is the standard for seizures in general? What is the standard for seizures on transporation (I.e. the bus)?
General: Would a reasonable person feel free to leave
Transit: Would a reasonable person feel free to decline the officer's request
In Illinois v. Wardlow, officers found reasonable suspicion because the defendant ______ in a _____ _______ _______.
fled in a high crime area
What are the three elements of the plain view doctrine?
(1) lawfully in the area where the item is
(2) inadvertently come across the item
(3) immediately clear that item is contraband