Crim Pro 1A

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Author:
paul
ID:
23741
Filename:
Crim Pro 1A
Updated:
2010-06-16 14:56:26
Tags:
4th Am Applies
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Description:
Crim Pro 1A - Does the Fourth Amendment Apply?
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  1. 4TH AMENDMENT applies when

    (hint: whom? what?)
    • search or seizure executed by a GOVERNMENT AGENT, AND
    • REASONABLE EXPECTATION OF PRIVACY in the area searched, or the item seized (i.e., PROTECTED AREA)
  2. Who is a GOVERNMENT AGENT?
    • 1) PUBLICLY-PAID POLICE (whether on or off-duty), and
    • 2) PRIVATE CITIZENS, if (and only if) acting at the DIRECTION of police

    ***private security guards = government agents ONLY IF they are DEPUTIZED with the POWER TO ARREST
  3. REASONABLE EXPECTATION OF PRIVACY

    Protected areas
    • PERSON
    • HOUSES (includes curtilage around home (up to curb), and hotel rooms)
    • PAPERS (e.g., personal correspondence)
    • EFFECTS (e.g., backpacks, purses)
  4. REASONABLE EXPECTATION OF PRIVACY

    Unprotected Areas and Items ("Patty Achieved A Glorious Victory Over Her Opponents")
    • P: Paint scrapings from outside of car
    • A: Account records
    • A: Airspace
    • G: Garbage
    • V: Voice exemplars
    • O: Odors (especially from CAR or LUGGAGE)
    • H: Hand-writing exemplars
    • O: Open fields
  5. REASONABLE EXPECTATION OF PRIVACY (REP)

    Does ∆ have standing to challenge a search or seizure if ∆

    1) Owner of premises?
    2) Resident of premises?
    3) Overnight guest?
    4) Business invitee?
    5) Hid personal property on person?
    6) Passenger in car?
    1) OWNER: Always has standing

    2) RESIDENT: Always has standing

    3) GUEST: Standing as to guest-accessible areas

    4) BUSINESS: NEVER has standing

    5) HIDES PROPERTY: Standing ONLY IF REP in the AREA FROM WHICH item is seized

    6) PASSENGER: REP in item/area searched (NY: can challenge possession of weapons)

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