Intro to Search and Seizure- Chapter 3

4th amendment

requires warrants based on probable cause and specific details

reasonableness clause

govt. can’t conduct unreasonable searches/seizures

warrant clause

to get a warrant, police need good reason (probable cause), sworn oath, and say what/where they’re searching

warrant preference view

warrants should be obtained when possible; emergencies are exceptions

probable cause

facts that would make someone believe a crime happened; more than a guess, about 50% sure)

reasonable suspicion

less proof than probable cause, more than a gut feeling; allows stop-and-frisk (Terry v. Ohio)

search

when the government invades your privacy (going thru private info)

government agent

not just cops; people of other professions acting like police

reasonable expectation of privacy

if you think something’s private and society agrees it shoul dbe private, it’s protected (Katz case)

curtilage

the private area around your house that’s protected (yard, porch, barn, driveway)

Open Fields Doctrine

anything outside your house/yard (like woods) has no privacy protection

abandoned property

trash or stuff you throw out has no privacy protection

enhanced devices

tools like flashlights, drug dogs, GPS, drones. GPS = needs warrant, flashlight, drone flyover = no warrant

stop-and-frisk (terry v ohio)

a quick pat-down if police have reasonable suspicion you’re armed or hiding drugs

administrative justification

schools, probationers, and certain businesses (alc, drugs, tobacco) have less privacy for safety reasons

undercover/false friend rule

if you share info with someone (een undercover cops), it’s not private anymore

Third Party Doctrine

info you share with companies (phone, bank, internet) usually isn’t private under the 4th amendment