ConCrimPro: Fourth Amendment Part 1

Warrant

A ____________ is required based on probable cause for a search or arrest.

Home

A constitutionally protected area

Handle the Matter

A police stop exceeding the time needed to _______________ for which the stop was made violates Fourth Amendment.

Unreasonable Seizures

A police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution's shield against _________________.

(1) Subjective manifestation/expectation of privacy (2) Expectation was reasonably objectively

A search is triggered by whether you have a (1) ______________ and (2) __________________

Probable Cause

A warrant is required based on ______________ for a search or arrest.

Search or Arrest

A warrant is required based on probable cause for a ________________.

1. Is it a search/seizure? 2. If it was a search, was there a valid warrant based on probable cause? 3. If there was no warrant, does it fall within an exception?

Analysis of the Fourth Amendment

Fourth Amendment

Applies only to government action, not private action

Warrant based on probable cause

Because the bottom line guarantee of the Fourth Amendment is reasonableness, you need...

Fourteenth Amendment

Denies the states the powers to deprive any person of life, liberty, or property, without due process of law

Expectation was objectively reasonable

Does society deem this to be reasonable?

Allow for warrantless searches and stops as long as they are reasonable

Exception to the general rule of the Fourth Amendment:

Reasonable by societal standards

Expectation was reasonably objective means that

Protected Interest

For it to be a search, ask if a __________ ________ is involved.

4th Amendment does not apply.

If the search is not of a protected interest, then...

4th Amendment applies

If the search is of a protected interest, then...

(1) Subjective manifestation/expectation (2) Objectively reasonable

Katz Test

Fourth Amendment

Key constitutional provision governing police conduct during searches and arrest

Subjective Expectation

Manifests an intent to keep it private

Search

Physical trespass into a constitutionally protected area

You need a warrant based on probable cause.

Presumption of the Fourth Amendment:

Particularized/Individualized Suspicion

Probable Cause has to be...

Expectation was objectively reasonable

Reasonable by societal standards

Government Interests v. Invasion of Privacy

Reasonable by societal standards means that you balance...

(1) Subjective expectation of privacy that is (2) objectively reasonable

Reasonable expectation of privacy:

Warrant

Search = 4th Amendment = ___________

4th Amendment

Search = ____________ = Warrant

Constitutionally Protected Area

Search: Physical intrusion into a ____________________-

Physical Trespass

Search: _______________- into a constitutionally protected area

Manifests an intent to keep it private

Subjective Expectation of Privacy means that the person

Government Interests v. Private Interests

Test for Reasonableness

Within the United States

The Fourth Amendment applies only _________________.

Government Action

The Fourth Amendment applies only to ________________ action.

Private

The Fourth Amendment applies only to government action, not ___________ action.

Searches and Arrest

The Fourth Amendment is the key constitutional provision governing police conduct during ____________________.

Fourteenth Amendment's Due Process Clause

The Fourth Amendment was made applicable to the states under the _______________.

A warrant is required based on probable cause for a search or arrest.

The General Rule of the Fourth Amendment:

Fourth Amendment

The _________________ was made applicable to the states under the Fourteenth Amendment's Due Process Clause.

Reasonableness

The bottom line guarantee of the Fourth Amendment is _____________.

Persons, Houses, Papers, and Effects

The right of the people to be secure in their ___________, ___________, ___________, and ___________, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

Unreasonable Searches and Seizures

The right of the people to be secure in their persons, houses, papers, and effects, against _________________________, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

Violated

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be ___________, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

No Warrants Shall Issue

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and ______________________, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

Upon Probable Cause

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but _______________________, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

Supported

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, __________ by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

Oath or Affirmation

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by _____________________, and particularly describing the place to be searched and the person or things to be seized.

Particularly Describing The Place to be Search and The Persons or Things to be Seized

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and ______________________________________.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

Search

Triggered by whether you have a (1) subjective manifestation/expectation of privacy and (2) the expectation was objectively reasonable

Public

What a person exposes to the ______________ does not have an expectation of privacy.

Does Not

What a person exposes to the public ___________ have an expectation of privacy.

Expectation of Privacy

What a person exposes to the public does not have an ______________

Specified the places to be search and the persons/things to be seized

When asking if the warrant is particular, you are really asking if it...

Reasonable

When executing a warrant, it has to be executed in a _____________ manner.

Warrant

You need a ________ based on probable cause.

Probable Cause

You need a warrant based on __________ ____________.

Search

_________ = 4th Amendment = Warrant