Searches 2

Two methods for detemining a search under the 4th Amendment

• Property-Based Analysis

• Privacy-Based Analysis

Search:

Government intrudes on expected privacy

Who is protected under 4th Amendment

• Citizens

• Aliens / Illegal Aliens

• Corporations or businesses

What may be seized:

• Fruits (Stolen property)

• Contraband (illegal possessions)

• Instrumentals (property used to commit crimes)

• Mere Evidence (property constituting evidence of a crime)

• Drugs

Curtilage

• Area surrounding suspects home

• Where family activities habitually happen

• Protected by 4th Amendment

Open Fields

where curtilage ends

Officer’s Ordinary Sensory Perception:

Police may take note of anything they can observe with their senses

Plain View Doctrine

• entry which gives officer plain view is lawful

• The incriminating nature of contraband is apparent

• Contraband lawfully present

Gov intrusions that do not implicate the 4th Amendment

• Abandoned Premesis

• Open Fields

• Aerial Surveillance

• Common Areas

• Abandoned Property

Two types of personal property that CAN be seized without 4th amendment

• Dropsy Case (Suspects drops or throws away items when approached by police)

• Garbage (Excluding curbside collection)