Sources
Recordings
Recordings
Sometimes, police need information from reluctant sources such as:
•Criminals
•Suspects
____________
•Witnesses
•Victims
_______ is (the right to come and go as we please)
Liberty
________ questions must be addressed when analyzing Fourth Amendment issues
Three
The Fourth Amendment doesn’t ban all searches and seizures; it bans ____________ searches and seizures.
unreasonable
The power to stop and question suspicious persons is ancient, but it was questioned during the due process revolution of the _________-.
1960s
There is no reasonable expectation of privacy in statements by ___________ individuals
private
________________ clause. “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.”
Reasonableness
Part 1 - Was the law enforcement action a search or a seizure? [If it wasn’t, the Fourth Amendment isn’t involved, and the analysis ________.]
ends
Fourth Amendment frisks are “_______-over-lightly” pat downs of the outer clothing done to protect officers by taking away suspects’ weapons.
once
Reasonable stops have _________ elements.
two
There is no reasonable expectation of privacy in statements made to and recorded by undercover government ____________.
agents
In _______, the U.S. Supreme Court replaced the trespass doctrine with the reasonable expectation privacy doctrine.
1967
Part 2 - If the action was a search or a seizure, was it ___________? [If it was, the inquiry ends because the Fourth Amendment only bans unreasonable searches and seizures.]
reasonable
Courts must decide whether searches and seizures are reasonable on a case-by-case basis. They apply the ____________________ approach to each case.
totality-of-circumstances
Fourth Amendment stops are _______ detentions that allow police to briefly freeze and investigate suspicious situations.
brief
There is no reasonable expectation of privacy in statements made by individuals who did not know they revealed them to undercover agents who were recording the statements.
True or False
This is a __________-pronged expectation-of-privacy test.
two
Part 3 - If the action was an ___________ search, does the Fourth Amendment ban its use as evidence?
unreasonable
Stops and frisks aren’t distributed evenly; they fall most heavily on Black and _______ young men in poor urban neighborhoods.
Latino
“_______________” investigation—an officer may move suspects a short distance, but generally investigation into the possible criminal activity must occur where the officers made the stop
On the spot
_________ of property are defined as “some meaningful interference” with an individual’s “possession” of property.
Seizures
_________ privacy: Did the person exhibit an actual personal expectation of privacy?
Subjective
The case ____________ decided that a computer hard drive is akin to a residence in terms of the scope and quantity of private information it may contain.
U.S. v. Galpin, 2009
_________ clause. “. . . and no warrants shall issue but upon probable cause, supported by oath or affirmation.”
Warrant
____________ information—facts and circumstances officers learn secondhand from victims, witnesses, other police officers, and anonymous, professional, or paid informants.
Hearsay