Podcast
Questions and Answers
What is required for inspectors to search private residences and commercial buildings?
What is required for inspectors to search private residences and commercial buildings?
In what scenario is no warrant required for administrative searches?
In what scenario is no warrant required for administrative searches?
When may police collect an arrestee's DNA without a warrant?
When may police collect an arrestee's DNA without a warrant?
What defines a 'seizure of a person' in an encounter with police?
What defines a 'seizure of a person' in an encounter with police?
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Which level of police encounter requires probable cause?
Which level of police encounter requires probable cause?
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Under what condition is physical force considered a seizure?
Under what condition is physical force considered a seizure?
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Which of the following is NOT considered a seizure under the Fourth Amendment?
Which of the following is NOT considered a seizure under the Fourth Amendment?
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What is the highest level of coercion in police encounters?
What is the highest level of coercion in police encounters?
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What is the 'lunging' area in the context of warrant exceptions during an arrest?
What is the 'lunging' area in the context of warrant exceptions during an arrest?
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Under what condition can police conduct a protective sweep without a warrant in a home?
Under what condition can police conduct a protective sweep without a warrant in a home?
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What justifies a warrantless inventory search of an impounded vehicle?
What justifies a warrantless inventory search of an impounded vehicle?
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What requirement do jail officials have before strip searching a person upon admission?
What requirement do jail officials have before strip searching a person upon admission?
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Which of the following scenarios allows police to conduct a protective sweep?
Which of the following scenarios allows police to conduct a protective sweep?
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What limitation does the Fourth Amendment place on searches in jails and prisons?
What limitation does the Fourth Amendment place on searches in jails and prisons?
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In what situation may police search an arrested person's home without a warrant?
In what situation may police search an arrested person's home without a warrant?
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What is the main purpose of conducting an inventory search of an impounded vehicle?
What is the main purpose of conducting an inventory search of an impounded vehicle?
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What is the primary reason customs officials can search international mail without a warrant?
What is the primary reason customs officials can search international mail without a warrant?
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What standard of suspicion is needed for non-routine searches at the border?
What standard of suspicion is needed for non-routine searches at the border?
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In what scenario may border officials question vehicle occupants without individualized reasonable suspicion?
In what scenario may border officials question vehicle occupants without individualized reasonable suspicion?
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What is the key factor that distinguishes the enforcement of laws at the border from other areas?
What is the key factor that distinguishes the enforcement of laws at the border from other areas?
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What determines the legality of a vehicle stop at a checkpoint?
What determines the legality of a vehicle stop at a checkpoint?
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What is the potential impact of prioritizing immigration law enforcement at checkpoints?
What is the potential impact of prioritizing immigration law enforcement at checkpoints?
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What might reasonably cause suspicion for a non-routine border search?
What might reasonably cause suspicion for a non-routine border search?
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Under what circumstance can the Fourth Amendment's standard of reasonableness differ?
Under what circumstance can the Fourth Amendment's standard of reasonableness differ?
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What is considered an area of open fields under the Open Fields Doctrine?
What is considered an area of open fields under the Open Fields Doctrine?
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Which of the following factors is NOT used to define the curtilage of a home?
Which of the following factors is NOT used to define the curtilage of a home?
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Which circumstance allows officers to make a warrantless entry into a home?
Which circumstance allows officers to make a warrantless entry into a home?
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In which scenario was there no search conducted according to the established case law?
In which scenario was there no search conducted according to the established case law?
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In which scenario must an officer obtain a warrant instead of acting on exigent circumstances?
In which scenario must an officer obtain a warrant instead of acting on exigent circumstances?
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What recent shift occurred regarding the reasonable expectation of privacy in digital records?
What recent shift occurred regarding the reasonable expectation of privacy in digital records?
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What is required for officers to enter a home under the public safety exception?
What is required for officers to enter a home under the public safety exception?
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What is true regarding the use of trained narcotics dogs in public places?
What is true regarding the use of trained narcotics dogs in public places?
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Which statement about third-party records is true in the context of privacy?
Which statement about third-party records is true in the context of privacy?
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What factor is necessary even when the exigency exception applies?
What factor is necessary even when the exigency exception applies?
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Under the Fourth Amendment, what is a scenario where a search occurs?
Under the Fourth Amendment, what is a scenario where a search occurs?
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What does the case of Lange emphasize regarding hot pursuit of suspects?
What does the case of Lange emphasize regarding hot pursuit of suspects?
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What consequence justifies warrantless entry due to exigent circumstances?
What consequence justifies warrantless entry due to exigent circumstances?
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Which case directly addressed the limitation of privacy in digital records through shared information?
Which case directly addressed the limitation of privacy in digital records through shared information?
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How must officers behave to remain within the constraints of the public safety exception?
How must officers behave to remain within the constraints of the public safety exception?
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Under what condition does extending a traffic stop for a narcotics dog sniff become unlawful?
Under what condition does extending a traffic stop for a narcotics dog sniff become unlawful?
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What creates probable cause when a narcotics dog alerts to a vehicle?
What creates probable cause when a narcotics dog alerts to a vehicle?
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What is the expectation of privacy regarding airspace outside of a vehicle or luggage?
What is the expectation of privacy regarding airspace outside of a vehicle or luggage?
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What is required for a legal search or seizure under the Fourth Amendment?
What is required for a legal search or seizure under the Fourth Amendment?
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Which of the following defines probable cause in the context of an arrest?
Which of the following defines probable cause in the context of an arrest?
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If a narcotics dog alerts on a suspect's luggage in a public place, what can officials do?
If a narcotics dog alerts on a suspect's luggage in a public place, what can officials do?
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Study Notes
Introduction to Criminal Procedure
- The Supreme Court's evolution from civil liberties to tough-on-crime era
- Warren Court (1953-1969, especially 1962-1969): emphasis on criminal procedure revolution and civil liberties of defendants
- Burger, Rehnquist, and Roberts Courts (1969+): emphasis on empowering law enforcement and limiting the Warren Court's decisions
The Fourth Amendment
- Guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Warrants must be supported by probable cause.
- Fourth Amendment applies only when a government agent conducts a search or seizure.
Basics of a Search
- Government agent/agency violates a person's reasonable expectation of privacy (Katz).
- Government agent physically trespasses on a protected area (house, curtilage).
- A search occurs when obtaining incriminating evidence.
- No reasonable expectation of privacy in trash left for public collection outside the curtilage of a home (Greenwood)
Use of a Thermal Imager
- Use of a thermal imager on a home from outside the curtilage constitutes a search (Kyllo).
Use of a Beeper
- Use of a beeper to track an automobile on public roads is not a search because there is no reasonable expectation of privacy in movements on public highways (Knotts).
Use of Pen Registers
- Using pen registers is not a search (Smith v. Maryland) because the information is conveyed to a telephone company.
Fourth Amendment violations
- Unreasonable searches and seizures are prohibited.
- A search or seizure without probable cause is a Fourth Amendment violation.
- A search must have probable cause and must be reasonable to be considered legal.
Privacy Interest Searches
- Law enforcement or government agent discovers, inspects, or monitors someone's property, home, or communications with their senses.
- Such a search violates the individual's reasonable expectation of privacy (Katz)
Property Interest Searches
- A person's private activity in their home, apartment, hotel room, or curtilage is generally protected.
- The area immediately outside a home, recognized as having special privacy protections by society (e.g., porches, backyards, patios), is also protected (Jones).
Open Fields Doctrine
- No reasonable expectation of privacy in open fields outside the curtilage.
- Four factors considered when determining if an open field falls outside of the curtilage:
- Proximity
- Enclosures
- Nature of use
- Steps to protect from observation
Limiting the Third-Party Doctrine in the Digital Age
- Historical cell site location information is protected, even though it is shared with cell service providers (Carpenter)
- Individuals do not have an expectation of privacy in information voluntarily shared with third parties (Smith v. Maryland), unless the third-party records demonstrate public movements over seven days.
- Law enforcement can obtain bank records and phone calls without a warrant.
Use of Narcotic Dogs
- Sniff by a trained narcotics dog in a public place is not considered a search (Place).
- The sniff of a trained narcotics dog is considered a search in areas around a home based on the trespass test, but not the reasonable expectation of privacy test (Katz).
- Sniff by a trained narcotics dog of a car during a traffic stop is not a search. (Caballes)
- Lengthening a traffic stop for a narcotics dog sniff, without reasonable suspicion, is an unreasonable seizure (Rodriguez).
Probable Cause and Reasonable Suspicion
- Probable cause: sufficient evidence to believe a crime has been committed.
- Reasonable suspicion: reasonable belief that evidence relating to a crime is present.
Warrant Requirements
- Warrants must be issued by a neutral and detached magistrate.
- Warrants are based on probable cause which is established through facts presented in an oath or affirmation.
Plain View
- Police may seize an object in plain view during lawful presence.
Plain Feel
- If during a valid frisk, an officer immediately develops probable cause to believe there is contraband, the officer can seize it.
- After seizing the contraband, the officer cannot expand the frisk to search for other contraband.
Automobile Exception
- Police may search a car without a warrant if they have probable cause to believe it contains contraband or evidence of a crime.
Warrant Exceptions
- Hot pursuit
- Preservation of evidence
- Public safety
Searches Incident to a Lawful Arrest
- After a lawful arrest, police can search the arrestee and the area within their immediate control.
Consent
- A search conducted without a warrant is permissible if the person voluntarily consents.
- Officers are not required to inform a suspect of their right to refuse consent but a false claim by an officer that they have a warrant negates consent.
- The consensual search occurs if the person who gives consent apparently has the authority to do so (Rodriguez).
- If an occupant is physically present and objects to a search of jointly occupied premises, the police cannot conduct the search unless the objector is lawfully removed.
- If someone is lawfully arrested, the police can search the vehicle if the arrestee is unsecured and can reach the passenger compartment.
Exigent Circumstances
- Police can enter without a warrant in exigent circumstances such as hot pursuit, preservation of evidence, public safety.
Administrative Searches
- Police can search private residences and commercial buildings in circumstances for enforcing administrative regulations without a warrant if the plan for the inspection is reasonable, neutral, and does not depend on individualized suspicion.
DNA Testing of Arrestees
- Under certain circumstances, such as a serious crime arrest or prior warrant, DNA testing of arrestees does not require probable cause.
Seizures
- Police actions that restrain a person's freedom of movement.
Arrests
- A seizure of a person that results in being taken into custody. It must be supported by probable cause.
Stop-and-Frisk
- The police can briefly detain a person based on reasonable suspicion that the person is armed and dangerous. If the person is lawfully stopped, the police can conduct a protective pat-down if they have reasonable belief that the person is armed. A temporary and reasonable amount of time for investigation is necessary.
Checkpoints
- Law enforcement can conduct routine stops at checkpoints without individualized suspicion.
Ports of Entry
- At the border or functional equivalent (such as airport), no warrant is necessary.
Warrant Exception: Administrative Searches
- When inspectors search private residences and commercial buildings for enforcing administrative regulations, a warrant is not required but the plan for the inspection must be reasonable, neutral, and does not depend on individualized suspicion.
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Description
Explore the evolution of criminal procedure in the U.S. Supreme Court, from the Warren Court's focus on civil liberties to the subsequent courts' emphasis on law enforcement. Understand the implications of the Fourth Amendment and the basics of searches and seizures. This quiz will test your knowledge on key legal principles and landmark decisions.
