Fourth Amendment - Introduction

Question 1

Fourth Amendment

Answer 1

Protects from UNREASONABLE searches and seizures and requiring warrants to be based on probable cause.

*Applies ONLY to government conduct

Question 2

Seizure of Persons

Answer 2

when, due to government action, a reasonable person in the defendant’s position would not feel free to leave or terminate a police encounter

*police need to use physical force OR a showing of authority followed by submission.

Question 3

Terry Stop

Answer 3

A brief investigatory seizure. The difference with arrest is duration and purpose. The permissible duration is the time necessary to confirm a reasonable suspicion that a crime has occurred; if so, police now have probable cause (PC). If suspicion is denied, the seizure must stop.

Question 4

Seizure of Property

Answer 4

Police take action that results in a meaningful interference with a possessory interest

Question 5

Search

Answer 5

Any government investigatory trespass against a fourth amendment interest OR intrusion into a reasonable expectation of privacy (REP).

Question 6

Investigatory Trespass

Answer 6

Intrusion upon the target’s person, home (including curtilage), papers, or effects for the purpose of finding or gathering evidence of a crime.

*Police need an investigatory motive.

Question 7

Reasonable Expectation of Privacy

Answer 7

This requires that:

1. ) the D manifests a subjective expectation of privacy by making an effort to shield the thing or activity from the public; AND
2. ) the expectation is objectionably reasonable because it is an expectation society is willing to recognize
   * NO REP if objects are held out to the public (i.e., handwriting, voice, bank records, email headings, open fields, or discarded property)

Question 8

Police use of devices or animals that enhance human sense

Answer 8

Use of commonly available equipment to enhance the natural senses of sight, hearing, or smell will not qualify as a search unless:

1. ) police enter upon the curtilage of the home to utilize the device; or
2. ) police use a device (like a thermal imager) that enables them to see “through the walls” of a home.