PROC: 4th Amendment
Last Modified: 2011-06-20
- Was the search or seizure executed by a government agent?
- Was there a reasonable expectation of privacy in the area searched or the item(s) seized?
- Publicly paid police (on or off duty)
- Private citizens (if and only if they are acting at the direction of the police)
- Houses (including hotel rooms)
Paint scrapings on outside of car, Account records held by a bank
Air space, Garbage left at the curb
- Is the warrant supported by probable cause and particularity?
- If not, did police officers rely on a defective warrant in “good faith”?
- Was the warrant properly executed by the police?
- The place to be searched, AND
- The item to be seized
- Egregiously lacks probable cause (no reasonable officer would rely)
- Facially deficient in particularity
- Knowing or reckless falsehoods
- Magistrate biased toward prosecution
- Compliance with the warrant's terms and limitations
- "Knock and Announce" Rule
- Futile, OR
- Dangerous, OR
- Would inhibit the investigation
Exigent Circumstances, Search Incident to Arrest, Consent, Automobile, Plain View, Inventory, Special Needs, Terry "Stop and Frisk"
- Evanescent evidence
- Hot pursuit of fleeing felon (home of felon/3d party, evidence in plain sight)
- Officer safety, AND
- The need to preserve evidence
- Hotel operators
- Present objecting spouse
- Lawful access to place from which the item can be plainly seen
- Lawful access to item itself, AND
- The criminality of the item must be immediately apparent.
- Regulations reasonable in scope
- Search complies with regulations
- Random drug testing
- Government employee's desks and files
- Student "effects" in public schools
- Border searches
- Railroad employees following an impact accident
- Customs agents responsible for drug interdiction, AND
- Public school children who participate in any extracurricular activity
- Whether an officer brandished a weapon
- The officer's tone & demeanor
- Whether the individual was told she had the right to refuse to consent (not required)
- Any weapon
- Contraband recognized without manipulating the object
- Case-in-chief v. cross-examination (available for impeachment)
- "Knock and announce" violations (suppression not required)
- An officer's reasonable mistake (exclusionary rule does not apply)
- "Fruit of the Poisonous Tree"
- "Independent Source" doctrine
- "Inevitable Discovery" doctrine
- "Attenuation" doctrine
- Suspected persons named
- Crime has been committed (probable cause)
- Conversation, described with particularity
- Time, must be strictly limited
- Whenever the police take someone into custody against her will for prosecution or interrogation
- When police compel someone to come to the police station questioning or fingerprinting (de facto arrest)
- FELONIES: When suspect is in a public place
- In the suspect's home (absent emergency)
- In a third party's home (both arrest warrant AND search warrant required)
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