Does the 4A apply?
What is the definition of a search?
Two ways to have a search (Jones):
1. Trespass on a constitutionally protected area.
2. Katz test- (a) A person exhibited an actual (subjective) expectation of privacy and (b) the expectation be one that society is prepared to recognize as “reasonable.”
What are the 4 requirements for a warrant?
1. probable cause
2. supported by oath or affirmation
3. particularity
4. neutral and detached magistrate
What is the gold standard for reasonableness?
The gold standard for reasonableness is the presence of a warrant supported by probable cause. A search or seizure done without a warrant is presumptively unreasonable. If a warrant is not practical, at least probable cause (except for Terry stops).
What is a search incident to arrest?
Chimel v. California
Incident to a lawful arrest, an officer is justified in searching only the arrestee's person and the area within his immediate control.
What was the holding of Terry v. Ohio?
Under some circumstances, a suspect can be briefly stopped and, if need be, frisked based on reasonable suspicion (less than probable cause).
What is the definition of a seizure?
A 4A seizure requires either (Hodari D.):
What are the two tests for an issuing magistrate?
1. neutral and detached
2. capable of determining whether probable cause exists for the requested arrest or search.
Do you need a warrant for blood or breath tests?
Birchfield v. North Dakota
Blood- yes
Breath- No
If an officer creates the exigency, does the exigent circumstances rule apply?
Kentucky v. King
Even if the officers created the exigency, the exigent circumstances rule justifies a warrantless search when the conduct of the police proceeding the exigency is reasonable.
What does the court consider when deciding whether there is reasonable suspicion?
Totality of the circumstances
Which of these is a search?
1. trespassing on open fields
2. undercover agent recording conversation
3. subpoena bank records
4. Requesting CSLI data
Requesting at least seven days of CSLI data because an individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through CSLI.
What about the location cases?
Do you need a warrant to make an arrest:
1. At the defendant's home
2. At a third party's home
3. In public
1. Absent exigent circumstances, officers cannot enter a home to make an arrest, unless they have first obtained a warrant (Payton).
2. Absent exigent circumstances, officers need an arrest warrant for the arrestee and a search warrant based on probable cause that the arrestee will be in the 3rd party's home (Steagald).
3. If supported by probable cause, officers can make an arrest in public without a warrant (Watson).
What is the rule regarding containers in cars?
California v. Acevedo
The police may search an automobile and the containers within it without a warrant where they have probable cause to believe contraband or evidence is contained.
What is the automobile exception?
Chambers v. Maroney
A search warrant is unnecessary where there is probable cause to search a seized automobile for evidence of a crime.
What is the scope of a frisk under Terry?
Minnesota v. Dickerson
The frisk authorized by Terry may only be as broad as its rationale, the safety of officers.
Explain Torres v. Madrid and why it is important for seizure cases?
The application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued. The seizure only lasts as long as the application of physical force.
What are the two cases dealing with particularity and what is the difference?
Maryland v. Garrison and Groh v. Ramirez
Facially valid v. deficient warrant
What is an inventory search?
In South Dakota v. Opperman, the court ruled the 4th amendment permits a routine police inventory search of a closed glove compartment of a locked automobile impounded for ordinary traffic offenses-- the scope of the search is dependent on the specific police policies.
When can the police search a vehicle incident to arrest?
Arizona v. Gant
Police may search a vehicle incident to arrest only if the arrestee is (1) within reaching distance of the passenger compartment at the time of the search or (2) it is reasonable to believe the vehicle contains evidence relevant to the crime of arrest.
During a lawful Terry stop does the individual have to disclose their name?
Hibel v. Nevada
Yes. One does not have to disclose anything else.
List all the doctrines/types of cases that make 4A search inapplicable.
1. open fields
2. third party
3. location
4. plain view
5. private party
6. dog sniff
When an issuing judge is making a probable cause decision based on an anonymous tip what must they consider?
Illinois v. Gates
the (1) veracity and (2) basis of knowledge of persons supplying hearsay information.
Can the police search a vehicle incident to issuing a citation?
The court declines to extend search incident to citation where neither officer safety nor preservation of evidence are present.
Why was the use of a thermal gun in Kyllo an unreasonable search?
Where the government uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a “search” and is presumptively unreasonable without a warrant.
What is the scope of a stop under Terry?
Rodriguez v. United States
The time needed to handle the matter for which the stop was made.
United States v. Sharpe
Act diligently