Search
What is considered a search under Katz?
What is whether the person has a reasonable expectation of privacy.
What is the exclusionary rule?
If the government conducts a search or seizure that is not in compliance with the previously stated rules, then
the evidence obtained from that search will generally be excluded from trial under the exclusionary rule.
Public Discourse Doctrine or reasonable expectation of privacy doesn't cover garbage if its not in the curtilage of the home.
What is "standing" under the fourth amendment?
In order to bring a Fourth Amendment challenge to a search, a person must have standing to object to the search. For a search of a person’s home, only the owner and certain lawful occupants (e.g., overnight social guests) have standing to object. Third persons with no connection to the home do not have standing, even if evidence that ties the third persons to a crime is found in the home.
Under what doctrine is the police allowed to collect your cell phone data from your phone company without triggering the fourth amendment protections against unreasonable searches or seizures?
Third-party doctrine
Under the fourth amendment protections, what other test(s) can be used to protect against an unreasonable search if there is no reasonable expectation of privacy?
1. Constitutional Trespass Test
2. Kyllo test
Assuming that there was a substantial risk that the admission of the statements affected the outcome
of the trial, how should the appellate court rule on the driver’s appeal?
Trial judge ruling (harmless error)
What is the requirement for an arrest warrant?
1. Probable cause
2. Neutral & Detached Magistrate Judge reviewing and approving it
3. Oath and Affirmation - signed and attest truth by police office of info in warrant
4. Particularity - must have some info about place and items to be searched and/or the person to be arrested; cannot be too broad
What are the exceptions to the warrant requirement? (list at least 5 exceptions)
1. Exigent Circumstances
2. Plain view and Plain Feel
3. Search Incident to a lawful arrest
4. Terry Stop & Frisk
5. Lawful Arrest
6. Automobile Exception
7. Consent
8. Special-Needs Search
9. Border Search
10. Government Search of Employees Belongings
11. K-12 Public School Searches of Student Belongings & Persons
12. Inventory Searches
13. Administrative Searches
What are the exceptions to the exclusionary rule?
1. independence source
2. inevitable discovery
3. dissipation of taint
4. good faith
5. in-court identification
What are the three tests applied by the court to determine whether conduct is a search under the fourth amendment?
1. Katz Reasonable Expectation of Privacy test
2. Constitutional Trespass Test
3. Kyllo Test