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Exceptions to the 4th Amendment
Name that Case
Definitions and requirements
Is that a real law?
100

 True or false: A search occurs when government conduct violates a person's reasonable expectation to privacy.  

True

100

This landmark case involved a telephone booth, and defined a standard of expectation of privacy under the 4th amendment

Katz

100


What does it require to obtain a search warrant? 

  • Issued by neutral magistrate 

  • Based on probable cause, and 

  • description of place and property to be searched with particularity 

100

T/F Person under the fourth amendment includes the exterior of d’s body including her clothing such as when she is patted down for weapon

T- Terry v. Ohio

200

Name 4 places where there is NOT a “reasonable expectation of privacy.” 

  • Public streets 

  • Open fields 

  • Garbage left on street 

  • Abandoned property  

  • Anything visible for public airspace 

  • Anything that can be seen inside one’s home from public space 

200

Blank was a landmark decision in which the Court held that stop and frisk is not a violation of the 4th amendment

Terry v. Ohio

200

Define probable cause 

  • The officer witnesses the commission of the crime; OR 

  • A person tells the officer that a crime has been committed. 

200

T/F- A warrant requires only reasonable suspicion

F, probable cause 


300

Name 4 places where there is a “reasonable expectation of privacy.” 

  • Home  

  • Hotel room 

  • Offices 

  • Backyard of home (curtilage) 

  • Luggage 

300

under the BLANK reasonable person standard a person is ‘seized’ if they believe they are not free to leave 

United States v. Mendenhall, 446 U.S. 544, 554 (1980)

300

When can an officer make an arrest inside a person's home, without a warrant? 

  • Consent to enter; OR 

  • Exigent circumstances 

300

T/F if a police officer destroys your property, they have conducted a search

T, text p. 110

400

Exceptions to 4th Amendment (ESCAPES) 

  • Exigent circumstances 

  • Search incident to lawful arrest 

  • Consent 

  • Automobiles 

  • Plain view 

  • Evidence obtained from administrative searches 

  • Stop and frisk 

400

 The three-prong test for an investigatory stop. First, there must be reasonable suspicion. Second, the intrusion upon privacy must be reasonable. Third, the scope and character of the intrusion must be reasonably related to its purpose.

People v. Revoal, 2012 CO 8, ¶ 10, 269 P.3d 1238, 1240

400

What is the cartilage of a home? 

 a search requiring a warrant. Florida v. Jardines, 569 U.S. 1 (2013).

400

T/F “pre-Katz decisions looking at the trespass doctrine, Scotus concluded that the use of a search h light is not as search, because light cannot trespass

True, text page 67