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FOURTH AMENDMENT
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue w/o probable cause w/o oath or affirmation and particulary describing place to be searched and the person or things to be seized
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Warrant Requirement
- 1.) neutral & detached Magistrate
- 2.) based on P/C submitted to magistrate by affidavit
- 3.) Particulary describe place to searched and things to be seized.
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Franks v. Deleware
(challenging basis for warrant)
D must prove deliberate false statement was knowingly and intentionally made or w/ reckless disregard of truth
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Anticipatory Warrants
United States v. Grubbs (2006)
Anticipatory warrants are no different in principle from ordinary warrants.
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Maryland v. Garrison
If officers mistakenly search wrong premises in good faith, search is not neccessarily unconstitutional nor will fruits be suppressed.
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Warrant Execution
- Window usually limited
- Excuted during the day
- Specific of areas to be searched
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Knock & Announce
Wilson v. Arkansas
K & A principle is part of the Fourth Amendment
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Justifiation of no Knock & Announce
Must have reasonable suspicion K & A under the circumstances would be dangerous or futile. I.E., destruction of evidence or Danger
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Katz v. United States (1967)
What a person seeks to preserve as private in areas accessible to public may be constitionally protected.
REOP = (1) subjective (2) objective
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Open Fields Doctrine
areas outside the curtilage are subject to police entry and search.
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California v. Greenwood (1988)
What a person knowingly exposes to the public, even in his own home is not suject to Fourth Amendment protection.
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Warrant Exceptions
(SIPAC)
- SILA
- Inventory Exception
- Plainview
- Automobile Exception
- Consent
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Warrant Exceptions
(BASSE)
- Boarder Searches
- Administrative
- Stop n Frisk
- Special needs
- Exigent Circumstances
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Arrest
in home = warrant requred
Must have P/C , have knowledge reasonably trustworthy facts sufficient to warrant a reasonably prudent person to believe crime will be or is being committed.
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Arrest (home of 3rd party)
Police cannot excute arrest warrant in 3rd party home w/o a valid seperate search warrant.
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Investigative Detention - Stop & Frisk
- Reasonable articulatable suspicion of criminal activity/involvement (stop)
- -Must be breif, verify officer suspsicion
- Reasonable suspicion suspect armed (frisk)
- -can reach in and seize items reasonbly believed contraband
- -may NOT manipulate item to identify
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Reasonable Suspicion
- -Totality of circumstances
- -More than hunch, less than probable cause
- -Police personal knowledge, flyer, informant etc.
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Investigatory Stop
- -Must be brief, verification of officers suspicion
- -if P/C arises, arrest ==> SILA
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