Criminal Procedure

Fourth Amendment - Preliminary Issues

Was it a government actor? Federal or State?

Incorporation Doctrine

Does P have standing

Incorporation Doctrine

The rights of the accused granted through the US constitution have been incorporated to apply to the states by a right-by-right basis

The only one not incorporated yet is grand jury

Fourth Amendment - Does P have standing?

Whether the individual accused person seeking exclusion had a legitimate expectation of privacy interest that was violated

Not being overnight guests and present for only a limited time suggests no reasonable expectation of privacy interest

When law enforcement pulls over a car, everyone in the car is under seizure and has standing to challenge the seizure

Fourth Amendment - Framework

Did police conduct amount to a search or a seizure triggering fourth amendment protections?

If the police activity was a search or seizure, did they comply with the requirements of the fourth amendment?

Should the evidence be excluded?

Fourth Amendment - Search

Katz Test

Jones Test

Fourth Amendment - Katz Test

Government intrudes on an expectation of privacy that society is ready to accept as reasonable

Fourth Amendment - Open Fields

Things that are not “persons, houses, papers, or effects”

NOT Protected

Fourth Amendment - Is it curtilage? Dunn Factors

Area’s proximity to the home

Whether the area is within an enclosure surrounding the home

Nature of area’s uses

Steps taken to protect the area from observation

Fourth Amendment - What is a “reasonable” expectation of privacy?

There is no reasonable expectation of privacy in items or information voluntarily conveyed to a third party

Exposure to a limited audience (i.e., trash collectors) is equated to exposure to public

No protection for a person’s misplaced trust in another

Consider nature, manner, and extent of intrusion

Fourth Amendment - Electronic Surveillance

No violation of the fourth amendment where an agent is recording

There is no difference between talking and reporting directly after versus recording the conversation

Fourth Amendment - Sense Enhancing Device

Use of a sense enhancing device to get information about activities inside of the home is a search

Fourth Amendment - CSLI Data

An individual maintains a legitimate expectation of privacy interest in the record of their physical movements as captured through CSLI data

Fourth Amendment - Jones Test

A physical intrusion on a constitutionally protected area for the purpose of gathering evidence

Time does not matter

Fourth Amendment - Drug Sniffing Dogs

Use of drug sniffing dogs is a search when used to intrude on a constitutionally protected area to gather evidence

Fourth Amendment - Seizure

A person has been seized within the meaning of the fourth amendment ONLY IF, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that they were not free to leave

Consider use of force and when a person submits to a show of authority

Fourth Amendment - INS Mere Presence

The mere presence of an agent or officer, even in uniform, is not a show of authority

Fourth Amendment - Bostick Free to Leave Test Addition

Whether a reasonable person would feel free to decline the officer’s request or to end the encounter

Fourth Amendment - Laying on of Hands

Laying on of hands or application of physical force to restrain movement, even when ultimately unsuccessful, is a seizure

The use of a gun can equate to the use of touch for restraint, if there is intent for restraint (OBJECTIVE)