QUESTIONS WITH SOLUTIONS GRADED A+
◉ When does the 4th amendment NOT apply? Answer: -Abandoned
property
-Public view
-Private citizen search
-Open field/ Open air
-When the person does not have a legitimate expectation of privacy
over the place searched or the thing seized
◉ In regard to Litchfield, the Court will look at the reasonableness of
the search or seizure in Indiana balancing: Answer: S I N
-Suspicion: Do we have PC or something else?
-Intrusion: What is the DEGREE of intrusion?
-Needs of the government: Balancing act
◉ What does the court look at for Expectation of Privacy? Answer: -
Substantial steps to keep whats private, private.
-Society would reasonably believe the area was private (NOT in a
patrol car)
-OWNERS of the item still have a possessory interest over the item to
argue the SEIZURE was improper/wrong, even if the search of the
,area was not or they don't have standing to challenge the search of
the location
◉ Who has an expectation of privacy? Answer: -Owner
-Occupant/tenant
-Renter
-Overnight guest of one of those persons
◉ Curtilage Answer: The area intimately connected to the home that
has the same level of Fourth Amendment protection.
◉ The acronym PENS stands for: Answer: -Proximity to home
-Enclosed within the same area as the home
-Nature (purpose) of use
-Substantive steps taken to keep the area private (i.e. a privacy
fence)
◉ What are considered "specialized tools" that would require a
search warrant? Answer: -GPS on a vehicle
-Monitoring a GPS or light sensor INSIDE the home
-K9 at a house/apartment
-Thermal imager/infrared
-Drone over property (statutory requirement)
, -Electronics: phone, GPS data, computers (searching these items
requires a search warrant)
◉ When is a K9 NOT considered a search? Answer: -During a traffic
stop IF investigative steps are being taken OR there is reasonable
suspicion
-Exterior Motel Door (generally requires reasonable suspicion, but
Litchfield factors apply)
◉ What is the purpose of the Exclusionary Rule? Answer: Excluding
evidence (throwing it out) when the police do it wrong is to deter
police misconduct
◉ What case law established "stop and frisk" and allows LEOs
interrogate and search suspicious people without probable cause?
Answer: Terry v. Ohio
◉ What is an investigatory detention? Answer: When facts known to
the officer and reasonable inferences would lead the officer to
reasonably conclude, in light of his experience, that criminal activity
may be afoot (is/was/is about to occur)
◉ You can frisk when: Answer: You have reasonable suspicion that
criminal activity is afoot AND believe that the individual could be
armed and dangerous