Criminal Procedure

A remedy for a violation of the Fourth Amendment against unreasonable search and seizures

• Was there a search?
• Was there a seizure?
• Was the evidence used?
• Was the evidence used by the government?
• Fourth Amendment Violation?

• Speedy trial
• Public trial
• Jury trial
• Jurisdiction
• Informed of nature and cause of accusation
• To be confronted with witnesses against him
• To subpoena witness in his favor
• Assistance of counsel

A person must have exhibited an actual (subjective) expectation of privacy.

The expectation must be on that society is prepared to recognize a reasonable. (objective)

Any unoccupied or undeveloped area outside of the cartilage of a home

A thickly wooded area MAY qualify.

Curtilage is the land immediately surrounding and associated with the home

The proximity of the area claimed to be cartilage to the home

Whether the area is included within an enclosure surrounding the home

The nature of the uses to which the area is put

The steps taken by the resident to protect the area from observation by passersby

• Entry of an open field does not implicate the Fourth Amendment
• May include any unoccupied or undeveloped area outside of the cartilage of a home
• Need be neither “open” nor a “field”

Occurs when there is some meaningful interference with an individual's possessory interest in a piece of property.

When the facts and circumstances withint the officer's knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that evidence subject to seizure will be found in the places to be searched.

When the facts and circumstances within the officer’s knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man reasonable caution in the belief that an offense has been or is being committed by the person to be arrested.

What is the basis of knowledge of the informant’s conclusion?

Veracity: What proves that the informant's conclusion is credible and his information is reliable.