Crim Pro Mod 3A
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12 terms
Terms | Definitions |
|---|---|
 Search | Any governmental intrusion upon a reasonable and justifiable expectation of privacy. |
| Expectation of Privacy Requirement: Reasonableness | Person manifested an actual (subjective) expectation of privacy, and it is an expectation society recognizes as reasonable. |
| Fourth Amendment Requirement: "Standing" | Only a person with an expectation of privacy in the place searched or the item seized may challenge the search. |
| No Expectation of Privacy for Items Held Out to the Public - List | 1. Handwriting 2. Voice Exemplars 3. Pen registers of phone numbers dialed 4. Bank Records 5. Paint on the Outside of a car 6. Magazines offered for sale 7. The smell of one's luggage or automobile (drug sniffing canines) 8. Abandoned Property or Trash |
| Public Items: Open Fields Doctrine: Curtilage 4 Factor Test | 1. proximity of the home to area claimed to be curtliage 2. whether the area is included in an enclosure that surrounds the home 3. the nature of the uses to which the area is put 4. the steps taken by the resident to pretoect the area from observation |
| Public Items: Open Fields Doctrine: Flyovers | Police may observe from the air as long as they are in airspace where the general public is legititmately allowed to fly. |
| Requirements for a Valid Search Warrant | 1. Must be based on probable cause 2. Must be supported by oath or affirmation 3. Must particularly describe what is to be searched & seized 4. Must be issued by a neutral magistrate |
| What Constitutes Probable Cause? | Officers must present to a magistrate sufficient underlying facts and circumstances such that a reasonable person would conclude that seizable evidence would be found on the premises or person to be searched. |
| Warrants: Affidavits Based on Hearsay | A warrant may issue based on affidavits that are entirely hearsay. Affidavit must show by totality of the circumstances that there is a fair probability that contraband or evidence of crime will be found in a particular place. |
| Warrants: Affidavits Based on Hearsay: Totality of Circumstances Considerations | 1. Does the information come from a reliable informant, and 2. Does the informant have a sound basis of knowledge for the information? |
| Challenging the Warrant: Preponderance of the Evidence Requirements | A search warrant is invalid if the D makes a "substantial showing" by a "preponderance of the evidence" of ALL of the following facts: 1. A false statement was included in the affidavit 2. The false statement was necessary to find probable cause 3. The affiant knowingly or recklessly included the false statement. |
| Warrants: Execution Requirements: | 1. Only police may execute a search warrant 2. Must be executed without unreasonable delay 3. Must not exceed premises described or items described 4. Police knock & announce unless dangerous or futile |
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