02 Fourth Amend. Evidentiary Search and Seizure

Only [..1..] evidentiary searches and seizures are valid under the Fourth Amendment. Reasonableness for evidentiary searches and seizures requires a [..2..] EXCEPT in [..6..] circumstances

reasonable, warrant, 6

Triggering a Fourth Amend. Right

A defendant has a Fourth Amendment right if:

• there was a [..1..] by the government concerning a place or thing for which there was a [..2..] OR

• the search involved a [..3..] into a constitutionally protected area

seizure, reasonable expectation of privacy, physical intrusion

Warrant Requirements

To be valid, a warrant must be issued by a [..1..] and [..2..] magistrate on a showing of [..3..] and must be reasonably [..4..] as to the places and items to be searched or seized.

neutral, detached, probable cause, precise

A person must have […] to object to a governmental search, meaning the person must have their a [..2..] with respect to the place searched or the item seized, which is determined on the [..3..] of the [..4..]

standing, reasonable expectation of privacy, totality, circumstances

A person has a reasonable expectation of privacy if they [..1..] or have a [..2..] the place searched. A person also has a reasonable expectation of privacy if they were an [..3..] of the owner of the place searched

own, right to possess, overnight guest

A person does not have a reasonable expectation of privacy in objects [..1..] to the [..2..]

held out, public

Generally, information in the hands of [...] is considered held out to the public

third parties

A person does have a reasonable expectation of privacy in their [..1..] information stored in the hands of [..2..]

cell-site location, third parties

Objects held out to the public, implicating no right to privacy, include the sound of one's [..1..], the style of one's [..2..], and paint on one's [..3..]

voice, handwriting, car

Objects held out to the public include account records held by a [..1..], the location of one's car on a [..2..], or anything seen in [..3..]

bank, public street, open fields

Objects held out to the public include anything seen from [..1..] airspace, odors from luggage or a car, or [..2..] on the curb

public, garbage

Installation of a [..1..] on a suspect's car constitutes a [..2..] under the Fourth Amendment

GPS device, search

Use of sense-enhancing technology not in [..1..] to obtain information from inside a suspect's home without physical intrusion [..2..] the suspect's reasonable expectation of privacy

general public use, violates

Police officers may not covertly and trespassorily place a [..1..] on a person's automobile without a [..2..]

GPS tracking device, warrant

Warrant Requirements

The two core requirements for a facially valid search warrant are [..1..] and [..2..]

probable cause, particularity

Warrant Requirements

A warrant will be issued only if there is [..1..] to believe [..2..] will be found on the person or premises when the warrant is executed

probable cause, seizable evidence

Warrant Requirements

Officers must submit an [..1..] to a magistrate, enabling an [..2..] determination of probable cause

affidavit, independent

Warrant Requirements

An affidavit based on an [..1..] must meet the [..2..] of the [..3..] test

informer's tip, totality, circumstances

Informants

Under the totality of the circumstances test for an informant’s tip, the informant's [..1..] and [..2..] or the [..3..] of their knowledge are relevant factors

reliability, credibility, basis

Informants

The informant’s [...] generally need not be revealed

identity

Invalid Search Warrant

A search warrant based on an affidavit is invalid if:

• the affiant included a [..1..] statement [..2..] or [..3..] and

• the statement was [..4..] to finding probable cause

false, intentionally, recklessly, material

Good Faith Exception

Under the Good Faith Exception, evidence obtained by police in [..1..] on a facially valid warrant may be used even if the warrant was not supported by [..3..]

reasonable reliance, probable cause

A warrant may be [..1..], meaning it can [..2..] when illegal items may be in a suspect's home or office. For an anticipatory warrant, the items need [..3..] at the time the warrant is issued

anticipatory, predict, not be on premises

A warrant may be obtained to search premises belonging to nonsuspects, as long as there is [..2..] to believe evidence will be found there

probable cause

A warrant must be executed without […]

unreasonable delay

Under the Knock and Announce Rule, police must [..1..], announce their [..2..], and wait a [..3..] for admittance

knock, purpose, reasonable time

The Knock and Announce rule is not required if police have [..1..] that announcing would be:

• [..2..]

• [..3..] or

• [..4..]

reasonable suspicion, dangerous, futile, inhibit the investigation

Police executing a warrant may not be accompanied by third parties UNLESS they are present to [...] stolen property

aid in identifying

The scope of the search is limited to what is [..1..] to discover the [..2..] in the warrant

reasonably necessary, items described

Police may seize any [..1..], or [..2..] of crime they discover, whether or not specified in the warrant

contraband, fruits or instrumentalities

Violations of the knock and announce rule will not result in the [...]

suppression of evidence

A warrant to search for contraband authorizes the police to detain [..1..] of the premises during a search

occupants

A search warrant does not authorize the police to search [..2..] found on the premises who were [..3..] in the warrant

persons, not named

A warrant does not give authority to follow, stop, detain, or search persons who [...] shortly before the warrant was executed

left the premises

Detentions during warrant execution are limited to persons in the [...] of the premises

immediate vicinity

If an officer has reason to believe a person present during a warrant’s execution is [..1..], the officer may conduct a [..2..] for weapons

armed and dangerous, Terry pat down