Chapter 3: Searches and Seizures

Search

governmental intrusion on an individual’s expectation of privacy.

Seizure

a reasonable person would not feel free to leave or to otherwise terminate the encounter.

General Warrants

warrants allowing colonial authorities to search anytime and anywhere.

writs of assistance

documents used by eighteenth-century American colonial authorities to compel individuals to assist in carrying out a search.

Property rights approach

an approach to Fourth Amendment protection that assumes such protection is limited to physical intrusions of the home, comparable to trespassory approach.

Trespassory approach

an approach to Fourth Amendment protection that assumes such protection is limited to physical intrusions of the home, comparable to property rights approach.

expectation of privacy

protection from government intrusion; areas with a high expectation of privacy may generally not be searched without a warrant

Plain view

an exception to the Fourth Amendment warrant requirement that allows a police officer to seize an item without a search warrant when (1) the officer is lawfully positioned and (2) there is probable cause to seize the object.

Open fields

areas distant from the home that lack an expectation of privacy.

subpoena duces tecum

a court order to produce documents.

Physical Seizures

an act in which a law enforcement officer takes hold of a suspect with the intent to prevent the individual from leaving

Show of authority seizure

demonstration of authority by law enforcement officers in which they direct a suspect to halt and display any weapons, block the suspect’s movement, or otherwise conduct themselves in a manner that would result in a reasonable person not feeling free to leave or otherwise terminate the encounter. The suspect must actually submit to the demonstration of authority.

Curtilage

the area immediately surrounding the home, considered part of the home.

Encounters

informal police stops of individuals.

mere-touch rule

a seizure requires application of physical force, which objectively manifests an intent to restrain an individual.

Third-party doctrine

individuals have no expectation of privacy in information turned over to a third party, and a search warrant is not required.