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4th Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not subject to 4th amendment protection. But, what a person seeks to preserve as private, even in a public place, may be protected. |
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Curtilage is the area immediately sourrounding the home but it does not extend beyond that. i.e. into an open field. |
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Curtilage Test
1. Proximity to the home
2. Enclosure close to home
3. nature of use
4. Steps to prevent observation |
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| The 4th amendment does not prohibit the search of evidence exposed to the public and given to a 3rd party i.e. garbage. |
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| There is a REOP within the intimacy of one's own home which cannot be invaded by the use of special technology that intrudes into the home and is not available to the general public. |
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| Taking control over property, even for a short period of time, constitutes a search under the 4th amendment. (Car is a constitutionally protected area b/c it's an effect). |
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| A dog sniff within the curtilage is a search w/in the 4th. |
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| Warrants must be issue by particularly describing the place, things, or person to be searched or seized. |
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| A warrant is valid as issued when assessed in relation to the information available to officers is objectively understandable and reasonable. |
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| Officers are not required to knock and announce when there is reasonable suspicion that K & A would be unreasonable (harm or destruction of evidence). |
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Where the officers knocked and announced their presence, and forcibly entered after a reasonable suspicion of exigency had ripened, their entry satisfied the Fourth Amendment.
* note: In order to detain occupants during a search, need some sort of articualte reason.
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| Police officers must knock and announce their presence before executing a warrant, unless doing so would endanger them or lead to the destruction of evidence. |
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A violation of the Fourth Amendment requirement that police officers knock, announce their presence, and wait a reasonable amount of time before entering a private residence does not require suppression of the evidence obtained in the ensuing search.
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| If a bona fide organization has certified a dog after testing his reliability in a controlled setting, or if the dog has recently and successfully completed a training program that evaluated his proficiency, a court can presume (subject to any conflicting evidence offered) that the dog's alert provides probable cause to search, using a "totality-of-the-circumstances" approach. |
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Term
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Definition
A necessary difference between searches of buildings and vehicles for contraband goods, where it is not practical to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought (Automobile Exception).
* where a warrant is reasonably practical, it must be used. |
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| When contraband is found in the midst of a group, a reasonable officer would have probable cuase to arrest the group. |
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Definition
The two "prongs" of the test are that, when law enforcement seeks a search warrant and a magistrate signs a warrant:
- The magistrate must be informed of the reasons to support the conclusion that such an informant is reliable and credible.
- The magistrate must be informed of some of the underlying circumstances relied on by the person providing the information
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