Acj Outline

Topics: Fourth Amendment to the United States Constitution, Miranda warning, Terry v. Ohio Pages: 28 (9053 words) Published: April 17, 2013
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches without a warrant Protects people, not places
Protects tangible and intangible objects
To determine if there is a search, look to if there is a reasonable expectation of privacy (Katz test) BASIC RULE: No searches without a warrant BUT the first question for analysis is “what is a search?” If it is a protected interest then it is a search

KATZ: the protected interest was the reasonable expectation of privacy If the search is involving a “protected interest” then it IS, constitutionally speaking, a search If it is NOT a search it is NOT protected

What a person knowingly exposes to the public, even in his own home or office is not subject of Fourth Am protection. If you relinquish the expectation of privacy then it is not a protected interest under the 4th amendment and so it is not considered a search. REASONABLE EXPECTATION OF PRIVACY TEST:

(1) subjective: did the opponent take steps to show that they expected privacy and demonstrate/manifest the desire for privacy (2) objective: that the expectation be one that society is prepared to recognize as reasonable (was it reasonable in those circumstances that privacy was expected) Evaluating Privacy Expectations:

Place where Defendant was observed
Defendant’s conduct
Government’s conduct
4th amendment protects both tangible and intangible things such as conversations, people, and places GUESTS
dwellings and protected guests: temporary housing (hotel rooms) and houses/apartments are constitutionally protected areas and only the validated privacy interest of anyone legitimately on the premises of a dwelling is protected How do we know if the guest has a reasonable expectation of privacy? Look to the relationship between the person and the HOME not the owner of the home (how long o they stay there, do they have a key to the property, etc) Also, greater expectation of privacy in certain parts of the home like the bathroom versus the kitchen so look to where the contraband was found. PROPERTY

There are three types of land: house, curtilage, open fields (no reasonable expectation for open fields) CURTILAGE: yard and fringe of the house and is land not connected to an intimate function of the housedriveway and sidewalk are open fields (public or private) HOLDING: Something observed in an open field is not a search because there is no expectation of privacy because anyone can observe it You do not have a reasonable expectation of privacy on privately owned land just because it is private because anything flying over the land without fences can see it DUNN FACTOR TEST TO DETERMINE IF IT IS CONSIDERED CURTILAGE: (1) proximity of the area claimed to be curtilage to the home (2) whether the area is included within the enclosure surrounding the home (3) the nature of the uses to which the area is put AND

(4) the steps taken by the resident to protect the area from observation by people passing by (like a fence/gate that obstructs vision) very fact based analysis
The police cannot be reasonably expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public. What a person KNOWINGLY exposes to the public, even in his own home or office, is not subject to 4th amendment protection A person has no legitimate expectation of privacy in information/property that he VOLUNTARILY turns over to third parties (like garbage left on the curb) LUGGAGE SURVIELANCE

Bond v. US: Police officers cannot squeeze/manipulate your luggage to feel what you have in there BUT they may touch your luggage (think flying-gate check to luggage deliverers-they have to touch it) What ordinary people can do to your luggage the police can do it (pick it up, weigh it) If the police are...
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