1. Is there a state action? (i.e. search by police, not private party) Is the search conducted by a state or federal actor? 4 th amendment doesn’t apply to Searches not done by the state Use the 4 th amendment to discuss the search Was there a search warrant? 4 th Amendment doesn’t apply Because there was no search State that the 4 th amendment is applied to the state through the 14 th Amendment Was there a search? 2 prongs of the Katz test: 1- was there a subjective expectation of privacy? * 2- is that subjective expectation one that society accepts as “reasonable”? (Rakas, Oliver, and Olson – In these cases, the ct asks if the D’s expectation of privacy is legitimate? A subtle difference between legitimate and “reasonable”) Was there (1) probable cause based on a totality of the circumstances (not just based on Aguilar/Spinella (a) basis of knowledge and (b) reliability), (2) Issued by a neutral magistrate, and (3) Did it specify the area to be searched and the things to be seized? Did the officer have a good faith belief that the warrant was valid? Warrant valid, and the Fourth Amendment is satisfied EXCEPTIONS: Was the search incident to a lawful arrest, a car search, a security sweep, plain view, consent search, Terry search, hot pursuit, or an inventory search? 4 th Amendment satisfied 4 th Amendment violated And evidence excluded Which one? 4 th Amendment violated and evidence excluded 1- must have probable cause to arrest (only need a misdemeanor) a. If in a home, a warrant is required 2- cop can seize anything within wingspan of D including any area he may reach to get weapon or evidence (within Chimmel reach) a- in a car, includes all passenger areas of car except the trunk 1- can be search without warrant as long as probable cause to believe a trafic violation occurred a- includes all containers whether belonging to driver or passenger as long as probable cause that contraband will be found within that container (unless PC attaches to everything in the car already) 1) but PC for a container is PC for the car b. If it would only be a citation, cop needs separate rationale to search 1- with reasonable suspicion that a person is armed and dangerous, you may search any area from which an attack can be launched a- This will usually include a whole house unless there is a separate garage or guest house 2- comes up when police have an arrest warrant and not a search warrant or a search warrant for a large object 1- once police legitimately on the premises, if the item is in plain view, they can seize it as long as it is immediately apparent (can’t manipulate the item like moving it) that it is contraband a- it’s ok to look somewhere as long as you are looking where you should for your objective 1- Uses the totality of the circumstances to see if it was voluntary 2- Suspect does not need to be told that he can refuse consent 3- If a third party gave consent, the police must only reasonably belief the third party had authority to consent a. Common authority of the area 1- As long as police have reasonable suspicion, can do limited frisk of outer clothes to remove weapons, but can’t manipulate the items a- fleeing in high crime area is reasonable suspicion, but an anonymous tip without indicia of reliability is not 2- Search must be justified at its inception and reasonably related in scope 3-Time – can’t be too long This can be done on two occasions: 1- Can search areas where a suspect has run as long as the pursuit is still hot a- But if the trail cools off, the search is no longer valid 2- can search an area when have a reasonable suspicion that the suspect may be armed or may destroy evidence. These are acceptable as long as it is conducted pursuant to a standard operating procedure Incident to a lawful arrest Car search Security sweep Plain view Consent search Terry (stop and frisk) Hot pursuit Inventory search * There is no expectation of privacy for things held out in public (like your voice or your handwriting). YES NO FederalState Fourth Amendment Flowchart Even without individualized suspicion, the state can do a random suspicionless drug test of students involved at least in sports or extra- curricular activities (Bd. Of Ed. V. Earls) An administrative search is allowed when the state 1- can show a special need greater than that of law enforcement 1- the subject population has a lowered expectation of privacy 2- The intrusion is minimal Administrative searches The 4 th Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Was the warrant validly executed in A knock and announce case? 4 th Amendment violated And evidence excluded Extra Stuff A warrant does not provide blanket coverage of people on the premises unless specifically named, so they cannot be searched or detained. An officer killing a person is a 4 th Amend. issue and is acceptable as long as there is a reasonable belief that the officers was in danger. (a murderer is reasonable, but a burglar is not without more.) Whenever something ends up in an arrest, go to the incident to a lawful arrest box where a Chimmel wingspan search is allowed. When someone is arrested without an arrest warrant, they must be brought before a neutral magistrate and probable cause confirmed within 48 hours. Was the mistake in the warrant material to the finding of probable cause? 4 th Amendment violated And evidence excluded YES NO