P.C. 832 LD 16 Search and Seizure Exam with accurate
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detailed answers ||
Fourth Amendment to the Constitution prohibits unreasonable searches and seizure by the state
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and establishes that any search or seizure by the state must be based upon probable cause. -
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✔✔Fourth Amendment ||
A priority of the authors of the United States Constitution and the California Constitution was to
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avoid unlimited actions and intrusions by the government and to protect a person's: - ✔✔-Privacy
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-Liberty ||
-Possession of property || ||
Unreasonable searches - ✔✔The Fourth Amendment does not give individuals an absolute right || || || || || || || || || || || || ||
to privacy neither does it prohibit all searches. It limits only those searches conducted by the
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government that are considered unreasonable by the courts. || || || || || || ||
Limitation on government's power - ✔✔The Fourth Amendment, like the other Amendments in
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the Bill of Rights, limits the power of the government but does not apply to actions by private
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citizens. If a private individual violates someone else's expectation of privacy, the victim may be
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able to make a claim in the civil court system.
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seizure of property - ✔✔occurs when there is some meaningful interference an individual's
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possessory interest in that property by the government. || || || || || || ||
A seizure of a person occurs when: - ✔✔-A peace officer physically applies force, or
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-A person voluntarily submits to a peace officer's authority.
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seizure of property - ✔✔occurs when there is some meaningful interference with an individual's
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possessory interest in that property by the government. || || || || || || ||
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A search occurs when - ✔✔an expectation of privacy that society is prepared to consider
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reasonable is infringed upon by the government. || || || || || ||
A reasonable expectation of privacy can exist almost anytime and anyplace as long as: - ✔✔-
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Individuals have indicated that they personally (subjectively) expect privacy in the object or area
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and ||
-Their expectation is one which society prepared to recognize as legitimate.
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Subjective expectation of privacy - ✔✔is a person's state of mind demonstrated by affirmative
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action designed to protect their privacy (e.g. building a fence, closing window shades, locking a
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compartment, etc.). ||
Objective reasonableness refers to - ✔✔whether society is prepared to recognize the individual's
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expectation as reasonable. || ||
Curtilage means - ✔✔the relatively small and usually well-defined area immediately around a
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residence to which the private activities of the home extend, and in which the owner has an
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expectation of privacy. || ||
Standing exists when a person has a - ✔✔legitimate possessory interest or relationship over an
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object or area. || ||
Standing generally is established by: - ✔✔-Ownership
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-Lawful possession || ||
-Authority, and/or || ||
-Control of the area searched or the property seized.
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To establish probable cause to search, peace officers must be able to articulate how and why they
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have a fair probability to believe: - ✔✔-A crime has occurred or is about to occur
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-Evidence pertaining to the crime exists, and || || || || || || ||
-The evidence is at the location they wish to search.
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The exclusionary rule - ✔✔If a court finds that a search or seizure is not reasonable and that a
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person's Fourth Amendment rights have been violated by the government, all items seized during
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the search could be ruled inadmissible or excluded as evidence at trial.
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"The fruits of the poisonous tree." - ✔✔The exclusionary rule "inadmissible or excluded
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evidence"
Open fields - ✔✔means outdoor real property, outside the curtilage of the residence.
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An overflight - ✔✔is the flight of a plane or helicopter over a given area.
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Examples of standing - ✔✔A live-in housekeeper gives consent for peace officers to enter and
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search for illegal weapons in the residence where she works. The homeowner has given the
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housekeeper authority over the residence; therefore, the housekeeper has standing to challenge the
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legality of the consent search later in court.
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Examples of standing - ✔✔A male defendant contests the search of his tool box that he had
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locked and placed in a friend's garage. By locking the tool box, the owner demonstrated an
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expected level of privacy over its contents. Only the owner of the tool box, not the friend who
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owned the garage, would have standing to challenge the legality of the search of the tool box.
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Non-example.of standing - ✔✔An overnight houseguest answers the door to find two peace || || || || || || || || || || || || ||
officers requesting permission to enter the enclosed backyard of the residence to search for stolen
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property. The owner has not given the guest any authority over the property; therefore, the
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houseguest does not have standing over the area. If the officers conduct the search, the
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homeowner, who does have standing may challenge the search as being illegal. || || || || || || || || || || ||
Non-example of standing - ✔✔Non-example: A temporary visitor would not have standing to || || || || || || || || || || || || ||
contest police entry into the renter's motel room.
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