CRIM 424 Lecture Notes - Lecture 4: Curtilage, No Liability, Supremacy Clause
28 Nov 2018
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If yes it is a search or seizure. Is it an interference within a reasonable expectation of privacy. Is it a physical trespass within a constitutionally protected area. Seizure within the meaning of the 4th amendment. Officers walking up to the front door with the purpose of collecting evidence: changes thing with the supreme court. If there was an accident and they wanted to see if anyone saw it: not a violation of the 4th amendment to knock on the door. Area of the curtilage: purposefully went up to the house with the intention of collecting evidence, violation of the 4th amendment. Walk a dog around a sitting car: wouldn"t implicate the 4th amendment. Can just look at specs of spit and get the dna evidence that you need: different from when you needed a quarter sample of blood. Intentional government action that results in a loss of either: physical control freedom of movement, possession of property.
