Fourth Amendment: Search, Seizure, and Privacy Law Key Concepts

What is the threshold question for determining if an investigative technique implicates the Fourth Amendment?

Is this a search?

What is the general rule regarding the Fourth Amendment?

If it's not a search or seizure, the Fourth Amendment does not apply.

What was the significance of Olmstead v. United States (1928)?

The Fourth Amendment does not extend to telephone wires and the calls that travel over them.

What did the dissent by Brandeis in Olmstead emphasize?

The Constitution requires adaptation to a changing world; privacy is important.

What was the ruling in Katz v. U.S. (1967)?

What a person tries to keep private is protected by the Fourth Amendment, even in public.

What are the two requirements for a reasonable expectation of privacy according to Harlan's concurrence in Katz?

1) Actual (subjective) expectation of privacy; 2) Expectation is one society accepts as reasonable.

What does the Bottom Line state regarding a violation of reasonable expectation of privacy?

If an agent's act violates a person's REOP, it is a search, and presumably unconstitutional without a warrant.

What is the Open Fields Doctrine?

Police intrusion on an open field is not considered a search.

What does the Third-Party Doctrine entail?

If you voluntarily hand over information to a company, you assume the risk that it will be given to police.

What is the Expose-to-the-Public Doctrine?

You do not have a reasonable expectation of privacy over what you willingly expose to the public.

What is the ruling in California v. Greenwood (1988) regarding trash?

The Fourth Amendment doesn't protect trash left on the public street.

What was the issue in Florida v. Riley (1989)?

Whether police using a helicopter to view a greenhouse constituted a search.

What was the ruling in Kyllo v. United States (2001)?

Using a thermal-imaging device to explore details of a home that would be unknowable without physical intrusion is a search.

What is the Trespass Doctrine as established in United States v. Jones (2012)?

Warrantless installation of a GPS device on a vehicle constitutes an unlawful search under the Fourth Amendment.

What did Smith v. Maryland (1979) establish regarding pen registers?

The use of a pen register did not involve physical trespass, so the defendant had no reasonable expectation of privacy in the phone numbers dialed.

What is the core principle of the Third Party Doctrine?

If you reveal information to a third party, you assume the risk that it will be revealed to the police.

What was the holding in Carpenter v. United States (2018)?

Cell-site location information obtained without a warrant constitutes a search due to its detailed tracking of movements.

What does the Open Field Doctrine state as established in Hester v. United States (1924)?

Fourth Amendment protection does not apply to open fields.

What is the significance of Oliver v. United States (1984)?

You do not have a legitimate expectation of privacy for activities conducted outdoors in fields.

What factors determine whether an area is considered curtilage according to United States v. Dunn (1987)?

1) Proximity to home; 2) Inclusion within an enclosure; 3) How the area is used; 4) Steps taken to protect from observation.

What was the ruling in Florida v. Jardine (2013) regarding drug sniffing dogs?

The use of a drug sniffing dog on the porch without a warrant was considered a search.

What was the holding in Jardine's case regarding the search?

The search was deemed unreasonable because the porch was within the curtilage of the home.

What does the Implied License Rule allow?

It permits visitors to approach the home by the front path, knock, wait briefly, and then leave.

What is the limitation of the Implied License Rule?

It only permits visitors to knock on the front door, not to conduct a search.

What did the Collins v. Virginia (2018) case establish?

Police are not permitted to enter curtilage and start snooping around.

What is the Plain View Doctrine?

Objects in plain view of an officer who has a right to be in that position can be seized without a warrant.

What is required for officers to seize items in plain view?

Officers must have probable cause to believe the items are contraband.

Define probable cause.

A reasonable basis to believe that a person has committed a crime or that evidence relevant to a crime exists in a particular location.

What was established in Illinois v. Gates (1983)?

A tip alone does not establish probable cause; it requires corroboration through surveillance.

What does the Totality of the Circumstances Doctrine refer to?

It refers to evaluating all circumstances to determine if probable cause exists.

What is the standard for probable cause according to DC v. Wesby (2018)?

Probable cause is a flexible standard based on whether a reasonable officer could conclude there is a substantial chance of criminal activity.

What does the 4th Amendment warrant requirement state?

A search or seizure without a warrant is presumed unreasonable.

What are the four components of warrant analysis?

Probable cause, scope, particularity, and reasonableness.

What was the ruling in Groh v. Ramirez regarding warrants?

Warrants must particularly describe the items to be seized; a warrant without such description is invalid.

What did Maryland v. Garrison establish about warrants with mistakes?

A search under a valid warrant containing a mistake does not violate the 4th Amendment if the police acted reasonably.

What is the Knock-and-Announce Requirement?

Entrants must provide notice to homeowners before making entry.

What is an exception to the Knock-and-Announce Requirement?

Officers do not have to announce themselves if there is a risk of destruction of evidence.

What did United States v. Banks establish about forcible entry?

Police can forcibly enter after knocking if they reasonably suspect imminent loss of evidence.

Can police arrest someone without a warrant for a suspected felony?

Yes, if the police spot the suspect in public.

What do police need to enter a home to arrest someone?

An arrest warrant and reasonable belief that the suspect is inside.

What was the significance of Payton v. New York?

Police must have an arrest warrant and reason to believe a suspect is within to enter a home.

What does 'reason to believe you're home' mean?

It is a lower standard than probable cause.

What did Rakas v. Illinois determine about standing?

Defendants can only object to evidence if their own 4th Amendment rights were violated.

Who has standing to make a 4th Amendment claim?

Those who have possession and control of the searched property.

What was established in Byrd v. U.S. regarding possession?

Byrd had standing because he had possession and control of the rented car at the time of the search.

What is the significance of exigent circumstances in arrests?

They allow police to enter without a warrant if there is a risk of destruction of evidence or danger to police/others.

What does the term 'curtilage' refer to?

The area immediately surrounding a home, which has privacy protections under the 4th Amendment.

What is the general standard for how long police must wait after knocking?

Police must wait until the occupant's delay suggests a refusal to admit them.

What is the holding in Byrd v. United States regarding rental cars?

Byrd had possession/control of the car at the time, so he had standing.

What rule applies to drivers of rental cars not named on the rental agreement?

A driver with lawful possession and control of the car has reasonable expectation of privacy (REOP).

What rights do overnight guests have according to Minnesota v. Olson?

Overnight guests are extended the same Fourth Amendment rights as homeowners.

Can officers arrest an overnight guest in a home without a warrant?

No, they cannot arrest an overnight guest without a warrant.

What was the outcome in Minnesota v. Carter regarding guests in a home?

A guest present for a commercial purpose does not have REOP like an overnight guest.

What factors determine REOP for guests in a home?

Factors include the nature of the visit, duration, and relationship to the householder.

What is the rule regarding searches incident to arrest (SITA)?

Officers can search the arrestee's person and grab area without a warrant.

What limitation exists for searches incident to arrest?

Officers can only search the area within the arrestee's immediate control.

What does the SITA Bright Line Rule state?

Officers do not need a reason to believe an arrestee might have weapons or contraband.

What did New York v. Belton establish regarding searches of vehicles?

Police can search the passenger compartment of a car when arresting a driver.

What are the conditions for searching a vehicle after an arrest according to Arizona v. Gant?

Search is allowed if the arrestee is within reaching distance or if there is reasonable belief of evidence in the car.

What is the rule regarding searches of bags during SITA as established in United States v. Davis?

A bag can only be searched if it is reasonable to believe the arrestee could access it at the time of the search.

What did Riley v. California rule about searching digital information on smartphones?

Cops cannot search a phone's digital content without a warrant.

What is the Protective Sweep Doctrine?

Officers can conduct a brief search if they have reasonable belief that a dangerous person is present.

What are the two requirements for the Hot Pursuit Doctrine?

1) Probable cause of a non-minor crime; 2) Immediate pursuit by law enforcement.

What was the holding in Warden v. Hayden regarding Hot Pursuit?

Entry into a home was permissible under the Hot Pursuit Doctrine.

What does Emergency Assistance doctrine allow officers to do?

Officers can enter a home without a warrant to assist an injured occupant or protect from imminent injury.

What is the standard for officers entering a home under Emergency Assistance?

There must be a reasonable belief that immediate aid is needed.

What is the Imminent Destruction of Evidence exception?

Officers can enter a home without a warrant if they believe evidence is being destroyed.

What did Kentucky v. King establish regarding police-created exigency?

Foreseeability of evidence destruction due to police actions is irrelevant if the actions are lawful.

What is the significance of Schmerber v. California in DUI cases?

DUIs present exigent circumstances because blood alcohol content evidence dissipates over time.

What does the Carroll Rule state about automobile searches?

If police have probable cause, they can stop and search a car without a warrant.

What is the scope of the Carroll Rule for searching vehicles?

Police can search all compartments and contents of the vehicle as they could with a warrant.

What did California v. Carney establish regarding mobile homes?

Police do not need a warrant to search a mobile home if they have probable cause.

What is the Inventory Search Exception?

Officers can conduct an inventory search of a vehicle lawfully in their possession without probable cause.

Can police perform inventory searches on personal effects of an arrestee?

Yes, police can constitutionally perform an inventory search of personal effects during booking.

What is required for an inventory search exception to apply?

There must be a policy in place that limits the discretion of officers performing the search.

What is the burden of proof for police to show a policy exists for inventory searches?

The burden is low; testimony will suffice, and it doesn't have to be in writing.

What does the Carroll Rule state regarding containers inside cars?

Police can search containers within a vehicle if they have probable cause to believe they contain contraband.

What did California v. Acevedo establish regarding searches of bags in vehicles?

If there is probable cause that a bag contains incriminating evidence, police can search the car without a warrant.

What is the Terry v. Ohio Rule?

Officers can conduct a limited search for weapons based on reasonable suspicion of criminal activity.

What is the difference between a 'stop' and a 'frisk'?

A stop is a seizure, while a frisk is a search for weapons.

What standard is required for a stop to occur?

Reasonable suspicion is required, which is more than a mere hunch.

What is the scope of a frisk?

The scope is limited to what is necessary to discover weapons; no strip searches or cavity searches are allowed.

What is reasonable suspicion?

A particularized and objective basis for suspecting someone of criminal activity.

What is probable cause?

Known facts and circumstances sufficient for a reasonable officer to believe that evidence or contraband will be found.

Can police order a driver out of a car during a stop?

Yes, as established in Pennsylvania v. Mimms.

What did Maryland v. Wilson determine regarding passengers in a vehicle during a stop?

Officers can order passengers out of a car during a stop.

How is reasonable suspicion determined?

Through a totality-of-the-circumstances analysis.

What case established that reasonable suspicion was found based on specific factors at an airport?

United States v. Sokolow.

What factors contributed to the finding of reasonable suspicion in United States v. Sokolow?

Payment with cash, traveling with fake names, short stay in a drug trafficking hot spot, and nervous behavior.

What was the ruling in Reid v. Georgia regarding reasonable suspicion?

The court found insufficient facts to establish reasonable suspicion for a stop.

What did Florida v. J.L. determine about anonymous tips?

An anonymous tip alone does not provide reasonable suspicion without predictive information.

What is the Bottom Line Rule regarding reasonable suspicion from tips?

Police must have indicators that the tip is reliable information.

What case found reasonable suspicion based on corroborated predictive information?

Alabama v. White.

What did Navarette v. California establish regarding anonymous tips about drunk driving?

The tip provided adequate indicia of reliability when corroborated by police observation.

What are the three important issues when a suspect consents to a search?

Consent must be voluntary, the scope of consent must be reasonable, and the consenter must have authority.

What case established that a roommate can consent to a search of shared premises?

United States v. Matlock.

What is the ruling in Illinois v. Rodriguez regarding apparent authority?

If police reasonably believe the person consenting has authority, the search is consensual.

What did Georgia v. Randolph determine about consent when one occupant objects?

Consent does not exist if a physically-present occupant objects.

What is the significance of Fernandez v. California in relation to objecting co-occupants?

Randolph only applies when the objecting co-occupant is still present.

What constitutes a seizure of a person?

A person is seized when their liberty is restrained by physical force or a show of authority.