Probable Cause to Search
Officers must establish that _______ _________ exists in order to search what they want to search.
Fill in the blank
probable cause
T or F. 4th Amendment protects against private individual actions.
False.
T or F. Can reasonable expectation of privacy exist anywhere at any time?
True.
Is the expertise and training of an experienced officer relevant to establishing probable cause?
Yes
What are the 3 things a private person has protected.
Privacy, Liberty, & Possession of Property
What is curtilage?
The relatively small and well-defined area immediately around a residence to which the occupant has a reasonable expectation of their privacy.
What is probable cause often confused with? (2 words)
Reasonable suspicion
Seizure of Property:
occurs when there is some meaningful interference with an individual’s possessory interest in that property by the government.
What is Objective reasonableness?
Refers to whether society is prepared to recognize the individual’s expectation as reasonable.
What is probable cause? (exact definition, or VERY close definition)
Having enough information that would lead you to think you have a fair probability that the item you are looking for is in the place you want to search.
Prohibits __________________ while establishing that __________ is needed for any search or seizure.
unreasonable searches and seizures & probable cause
What is subjective expectation of privacy?
A person state of mind that is demonstrated through affirmative action designed to protect their property. (e.g. walls, and locking a compartment.)
What do you need to establish cause to search?
List all 3 exactly
A crime occurred or will happen
Evidence relating to the crime still exists
The evidence is at the location that the officer wants to search.
seizure of a person occurs when: (both answers)
- a peace officer physically applies force
- a person voluntarily submits to a peace officer’s authority
What is standing generally established by? (all 4)
ownership
lawful possession
authority
control of the area searched or the property seize