Con Law Test Two Essay Questions

Compare the trespass doctrine with the privacy doctrine in defining Fourth Amendment searches.

Under the trespass doctrine, officers had to “physically” invade a constitutionally protected area, which included persons, homes, papers, and effects. This was replaced with the privacy doctrine, which asks two questions: (1) Did the person exhibit an actual personal expectation of privacy (subjective)? And, (2) Is society prepared to recognize the privacy as reasonable (objective)?

What is the third party doctrine? Why is it important?

It states that people who voluntarily give information to third parties—such as banks, phone companies, or internet service providers—lose their reasonable expectation of privacy under the Fourth Amendment. This is important because it defines the boundary between governmental power and individual privacy. 

In the Digital Age, SCOTUS faces a difficult task when deciding if searches by electronic surveillance violate the Fourth Amendment. Identify types of electronic surveillance that have been named as Fourth Amendment searches, and briefly explain the reasoning of the Court in making its decision.

Thermal imaging, GPS tracking, email surveillance, smartphones, and text messages have all been named as searches under the Fourth amendment. The court ruled that thermal imaging was a search because it obtained information you couldn’t get without physical intrusion of a home. They also ruled that people have a reasonable expectation of privacy in regards to email content and text messages. 

Discuss the three-step process used in Fourth amendment analyses.

The first step is questioning whether the law enforcement action was a search or seizure. If it’s not, the Fourth amendment doesn’t apply. The second question is if the law enforcement action was an unreasonable search and seizure. Then, if it’s unreasonable, the third question is whether or not the Fourth amendment bans its use as evidence. 

Does unprovoked flight + high crime area = reasonable suspicion? Explain.

Yes, as ruled in Illinois v. Warlow. Evasion doesn’t necessarily mean that there was wrongdoing, but it is suggestive of such.

Does an anonymous tip amount to reasonable suspicion? Explain.

Generally not enough on its own. Was originally ruled as yes (Alabama v. White) but then flipped ten years after. There are three categories that the courts place informants into to determine if there is reasonable suspicion. Anonymous informant, known informant, and identified citizen informant.

Explain the reason for reduced individual Fourth Amendment protections at

international borders?

The balance is much more in favor of the government, meaning there is a lesser expectation of individual privacy. 

Why is it reasonable to remove a passenger from a stopped vehicle when there is

no reasonable suspicion that the passenger may be involved in a crime?

Because the car has already been stopped, so it is a “trivial invasion”

Identify the characteristics of a full custodial arrest and contrast it with a stop. Why do we call arrests a zone and not a point?

Duration, location, and record. The duration of an arrest is much longer than a stop. Stops also start and end in the same location whereas arrested individuals are taken somewhere else. Stops aren’t usually written up while an arrest is always recorded or booked. It is a zone and not a point because it is within a spectrum of invasions. The 8 steps of a full custodial arrest are (1), The suspect is told by the officer that they are under arrest, (2), put into squad car, (3), taken to police station, (4), photographed, booked, and fingerprinted, (5), searched, (6), locked up at police station or jail cell, (7), interrogated, (8), may be put into a lineup. 

Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?

Reasonable suspicion requires specific and articulable facts that suggest that criminal activity MAY be occurring. Probable cause is based on facts and circumstances that would lead a reasonable person to believe a specific crime has, is, or will be occurring by a specific person. Probable cause balances the societal interest of crime control with the individual right of locomotion.

Make a list of the facts and officer can take into account in building probable cause. What use can officers make of hearsay in building probable cause?

Facts include direct observations and sensory evidence, suspect behavior and actions, and information and physical proof.  The hearsay rule prohibits admission of secondhand evidence to prove guilt in court, but if it's reliable and truthful it can be used to establish probable cause.

Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth Amendment warrant clause.

(1), A neutral magistrate, meaning a disinterested judge to determine if there is probable cause.

(2) An affidavit (sworn statement): Made by someone (usually officer) to the facts/circumstances amounting to probable cause. 

(3) The name of the person who is going to be arrested.

What is required to satisfy the Fourth Amendment reasonableness requirement regarding arrests?

Object basis (arrest is backed up by probable cause) and manner of arrest (the way the arrest happened was reasonable).

Identify three exceptions to the “knock and announce” rule.

To prevent violence, to prevent destruction of evidence, and to prevent suspects from escaping.

Explain how the “digital age” has impacted search warrants and criminal law enforcement. Provide practical examples of how these issues might impact criminal law enforcement.

It questions the boundary between government and individual privacy because of digital data, considering it's not physical. This can make it harder for law enforcement to obtain warrants that may show evidence of criminal activity.

Describe a search incident to a pretext arrest, and explain its significance.

When an officer arrests someone for a minor violation (like jaywalking) as an excuse to search them to find evidence for a more serious crime. It’s significant because it ruled that an officer's intentions don’t invalidate a stop or arrest as long as there is probable cause.

Identify four emergence searches, and describe why each falls under the exception to the warrant requirement.

(1) Officers safety, justifies frisks and pat downs. (2) Evidence may be destroyed, which beats the purpose of a warrant. (3) Fleeing felons might escape (hot pursuit), officers can follow into their home. (4) People in the community are in immediate danger, which overrules the expectation of individual privacy.

Give an example of a person who can consent to a search for someone else. Explain the difference between actual and apparent authority to consent for another person.

A roommate could consent to the search of a shared living room even if the search isn't for them. Actual authority is when a third party possesses common authority over the premises and effects being searched, while apparent authority is when a third party does not have common authority but the officer reasonably believes they do.

Why are inventory searches reasonable without warrants or probable cause? Identify the special needs satisfied by inventory searches, and what substitutes for probable cause as the objective basis for inventory searches.

Don’t need warrants because they are routine procedures used to catalog property instead of searching for evidence of a crime. Special needs satisfied are protecting the owner's property while it remains in police custody, protecting law enforcement, and protecting everyone from danger. Instead of probable cause, it is standardized procedure and written policy.

Identify four characteristics all special-needs searches have in common.

Directed at people in general, not specific criminals. Can result in criminal prosecution and conviction. Don’t require warrants or probable cause. Reasonableness depends on balancing special government needs against invasions of individual privacy.

Identify the special need for searches of prisoners and prisoners’ expectations of privacy.

The special need to maintain safety, security, and discipline within correctional facilities outweighs the intrusion. 

Why don’t searches of probationers and parolees require warrants or probable cause?

Custody - even though they are not incarcerated, they are still in state custody. Consent - they have agreed in contract for their release to searches/seizures. Balancing - protecting society against recidivism outweighs limited invasion of privacy.

Why are searches of high school students reasonable without warrants or probable cause?

Because minors lack some of the fundamental rights enjoyed by adults, including the right to be left alone by the government. This is especially true while they’re in school.