LAW 456 Lecture Notes - Lecture 4: Fourth Amendment To The United States Constitution, Fourteenth Amendment To The United States Constitution, Curtilage
What are the 2 clauses in the 4th amendment
Reasonableness Clause: 1st half
Warrant Clause: 2nd Half "And no Warrants"
Doctrine of Incorporation
Provisions of the Bill of Rights deemed essential to a scheme of ordered liberty and incorporated into
the 14th amendment.
- Broad limitation on state and local authorities
- States can provide more protection, just not less
Boarder Searches: Are they okay? Why?
Justified because those crossing the boarder are not protected by the fourth amendment
- Must use reasonable methods
Open Fields: Do they receive protection?
No, Fields surrounding the house and curtilage do not receive protection under the 4th
Abandoned Property:
4th Amendment does not apply
- Garbage on the curb applies to abandoned property
When is third party consent okay? What case is involved with this?
When there is mutual use of the property
- State vs Matlock (1974)
Georgia vs Randolph (2006)
Conflicts regarding co-occupants
- 2 yes's and 1 no: No trumps yes's
Define Seizure
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Taking into custody of physical evidence, property, or even a person
Define Search
Official invasion of a persons reasonable expectation of privacy as to their person, house, effects, and
papers
Katz v. United States
The 4th amendment protects people NOT places
- reasonable expectation of privacy
What are the 2 things required for reasonable expectation of privacy
1. The citizen has manifested subjective expectation of privacy AND
2. The expectation of privacy is one that society is willing to accept as objectively reasonable
California vs Greenwood
Airport Security Searches
- Reasonable given their minimal intrusiveness, the gravity of safety interests involved and the reduced
expectation of privacy
- It's your choice to fly
Jail and Prison Searches:
- Lower expectation of privacy
- Strip searches of inmates requires a balancing of need versus personal invasion
- Strip searches of visitors requires reasonable suspicion
What is the Aguilar: Spinelli Test
- 2 Part Test, Must have both parts
1. Demonstrate the informant was reliable and credible
AND
2. Reveal the informants basis for their knowledge
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Document Summary
What are the 2 clauses in the 4th amendment. Provisions of the bill of rights deemed essential to a scheme of ordered liberty and incorporated into the 14th amendment. Broad limitation on state and local authorities. States can provide more protection, just not less. Justified because those crossing the boarder are not protected by the fourth amendment. No, fields surrounding the house and curtilage do not receive protection under the 4th. Garbage on the curb applies to abandoned property. When there is mutual use of the property. 2 yes"s and 1 no: no trumps yes"s. Taking into custody of physical evidence, property, or even a person. Official invasion of a persons reasonable expectation of privacy as to their person, house, effects, and papers. What are the 2 things required for reasonable expectation of privacy: the citizen has manifested subjective expectation of privacy and, the expectation of privacy is one that society is willing to accept as objectively reasonable.