CH 3 Intro to Search and Seizure

When does a search take place?

(1) whether the presumed search is a product of government action (2) whether the intrusion violates a person's reasonable expectation of privacy.

reasonableness

When evaluating questionable police action, it is first necessary to determine whether the Fourth Amendment applies. If it does, then we ask, Did the police act in line with Fourth Amendment requirements?; This question is concerned with the reasonableness of the action in question.

administrative justification

administrative justification adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety.

What is the only justification mentioned in the Fourth Amendment?

probable cause.

warrant clause

says that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

When does a seizure of a person occur?

seizure of a person occurs when a police officer—by means of physical force or show of authority—intentionally restrains an individual's liberty in such a manner that a reason- able person would believe that he or she is not free to leave

reasonableness clause,

which proscribes unreasonable searches and seizures,

articulable fact

an event that is witnessed and can be explained, as opposed to a gut reaction or a mere hunch.

curtilage

area to which extends the intimate activ- ity associated with the sanctity of a man's home and the privacies of life Enjoy Fourth Amendment protection

Person

encompasses the individual as a whole, both internally and externally. An arrest, for example, is a seizure of a person. If a police officer pulls up the sleeves of a suspected drug user to look for needle tracks, this is a search of a person within the mean- ing of the Fourth Amendment.

When does a seizure of property occur?

seizure of property occurs "when there is some meaningful interference with an individual's pos- sessory interest in that property."

Search

A search is an activity geared toward finding evidence to be used in a criminal pros- ecution.

Open field

By contrast, an open field is any unoccupied or undevel- oped real property falling outside the curtilage of a home. Open fields do not enjoy Fourth Amendment protection, but homes and curtilage do.

House

House is a term that is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis. A hotel room or its equivalent is considered a "house," as it is a temporary residence that enjoys Fourth Amendment protection.

Distinguish Between the Three Levels of Justification.

Justification requires that police have a valid reason for conducting a search or a seizure. There are three standards of justification necessary for searches and seizures. Only one of them, probable cause, is spelled out in the Fourth Amendment. Probable cause can be described as a certainty of between 51 and 100 percent, and is required for arrests and searches with and without warrants. Reasonable suspicion, which can be defined as a certainty of below 51 percent, but greater than a hunch, is required for stops and investigative detentions that fall short of arrests. Administrative justification is required in administrative searches and searches that serve "special needs beyond law enforcement." The constitutionality of a search based on administrative justification is determined by balancing the interests of society with the privacy interests of the individual. Both reasonable suspicion and administrative justifica- tion are lower standards than probable cause.

reasonable suspicion

Justification that falls below probable cause but above a hunch. Reasonable suspicion is Court-created justification; it is not mentioned in the Fourth Amendment. Reasonable suspicion is necessary for police to engage in stop-and-frisk activities.

Define Search Within the Context of the Fourth Amendment.

Not every act of looking for evidence is considered a "search" within the meaning of the Fourth Amendment. The Fourth Amendment protects citizens from government action. Whether a "search" occurs within the meaning of the Fourth Amendment also depends on where it occurs. A search only takes place where a person has a reasonable expectation of privacy. For example, if police look for evidence in an open field, they have conducted a nonsearch.

Papers and effects

Papers and effects include nearly all personal items. Business records, letters, diaries, memos, and countless other forms of tangible evidence can be defined as papers. Effects is the catch-all category. Anything that is not a person, house, or paper is probably an effect. Effects can include cars, luggage, clothing, weapons, contraband, and the fruits of criminal activity.

Probable cause

Probable cause was formally defined in Beck v. Ohio, 379 U.S. 89 (1964) as more than bare suspicion; it exists when "the facts and circumstances within [the officers'] knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent man in believing that the [suspect] had committed or was committing an offense."

Define Seizure Within the Context of the Fourth Amendment.

Seizures of property occur when a meaningful possessory interest is interfered with. Seizures of persons occur when a reasonable person would believe he or she is not free to leave. A search or seizure is unreasonable when it is not supported by proper justification (such as probable cause).

Summarize the Fourth Amendment's Basic Terminology.

The Fourth Amendment protects persons, houses, papers, and effects from unreasonable searches and seizures. The term person encompasses the individual as a whole, both inter- nally and externally. House is a term that is broadly construed to mean any structure that a person uses as a residence (and frequently a business) on either a temporary or long-term basis. A hotel room is a prime example of a short-term "house." Papers and effects include nearly all personal items. Business records, letters, diaries, memos, and countless other forms of tangible evidence can be defined as papers. Effects is the catch-all category, includ- ing almost any other personal items that are not "papers".

justification

The police need to have justification, or cause, before they can conduct a search or a seizure. Justification needs to be in place a priori—that is, before a person or evidence is sought in an area protected by the Fourth Amendment.

Seizure

The term seizure has a dual meaning in criminal procedure. (1) property can be seized. Often, the result of a search is a seizure of property to be used as evidence. (For example, if the police successfully serve a search warrant to look for illegal weapons at 345 Oak Street, the weapons they find will be seized.) (2) people can also be seized. Seizures of people can occur almost anywhere and at any time. An arrest, for example, is considered a seizure within the meaning of the Fourth Amendment.