LAW 605 Lecture Notes - Lecture 14: United States Court Of Appeals For The Eighth Circuit, Curtilage, Exclusionary Rule
23 Dec 2019
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For searches: home = yes, curtilage = yes, open field = no (4a not implicated, business = yes (but it can be complicated) If evidence is to be used against business or owner = yes, warrant required. Arrests at the threshold: knock and announce part of 4a but exclusionary rule does not apply if police officers fail to knock and announce. Remedy is civil damages: police knock, d comes to door, police arrest w/o warrant. In doorway = public place so don"t need warrant (ussc) If police reach inside and pull d out, 4a violation (8th cir. ) Judicial oversight of arrests: with warrant pc determination by magistrate before arrest, without warrant pc determination by magistrate within 48 hours after arrest. The exceptions: exigent circumstances, plain view, automobile, warrantless arrests, search incident to arrest (homes and cars) Inventory searches: consent searches, terry stops and frisks.
