Crim Pro 1A

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4TH AMENDMENT applies when

(hint: whom? what?)
- search or seizure executed by a GOVERNMENT AGENT, AND
- REASONABLE EXPECTATION OF PRIVACY in the area searched, or the item seized (i.e., PROTECTED AREA)
Who is a GOVERNMENT AGENT?
- 1) PUBLICLY-PAID POLICE (whether on or off-duty), and
- 2) PRIVATE CITIZENS, if (and only if) acting at the DIRECTION of police
***private security guards = government agents ONLY IF they are DEPUTIZED with the POWER TO ARREST
REASONABLE EXPECTATION OF PRIVACY

Protected areas
- PERSON
- HOUSES (includes curtilage around home (up to curb), and hotel rooms)
- PAPERS (e.g., personal correspondence)
- EFFECTS (e.g., backpacks, purses)
REASONABLE EXPECTATION OF PRIVACY

Unprotected Areas and Items ("Patty Achieved A Glorious Victory Over Her Opponents")
- P: Paint scrapings from outside of car
- A: Account records
- A: Airspace
- G: Garbage
- V: Voice exemplars
- O: Odors (especially from CAR or LUGGAGE)
- H: Hand-writing exemplars
- O: Open fields
REASONABLE EXPECTATION OF PRIVACY (REP)

Does ∆ have standing to challenge a search or seizure if ∆

1) Owner of premises?
2) Resident of premises?
3) Overnight guest?
4) Business invitee?
5) Hid personal property on person?
6) Passenger in car?

1) OWNER: Always has standing

2) RESIDENT: Always has standing

3) GUEST: Standing as to guest-accessible areas

4) BUSINESS: NEVER has standing

5) HIDES PROPERTY: Standing ONLY IF REP in the AREA FROM WHICH item is seized

6) PASSENGER: REP in item/area searched (NY: can challenge possession of weapons)

Author

paul

23741

Card Set

Crim Pro 1A

Description

Crim Pro 1A - Does the Fourth Amendment Apply?

Updated

2010-06-16T18:56:26Z

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