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
