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Probable cause from a US attorney
Indictment
Probable cause from Grand Jury charges
Who does the 4th amendment apply to?
The government when a search is conducted
Who is the government in relation to the 4th amendment?
Cops, agents, undercover agents, and confidential informants.
Citizens acting as an instrument or agent of the government or
under the direction of a government agent
What can be searched?
Persons, dwellings, papers, and effects
Does the 4th apply to private citizens?
No
,What is a private search?
Private citizen, intends to help the law but was not instructed to do
so by any government agent
What is a government search?
Government encourages search to a private actor, reports back to
law enforcement
Search
A government intrusion upon an individuals REP. Governmental
trespass or physical intrusion upon a constitutionally protected area
with intent to gather information
Katz formula
Government + intrusion into area of REP = 4th search
Jones Formula
Government + Trespass into a constitutionally protected area +
purpose of gathering information = 4th search
,Reasonable expectation of privacy
Person demonstrates a desire to maintain privacy and the privacy is
one society is willing to grant
REP search areas
Body, dwellings, vehicles, containers, government workplaces,
abandon property, mail, curtilage, open fields
Body search REP
External does not require 4th, internal does
Dwelling places REP
Highly protected REP
Vehicles REP
Lower REP, getting inside creates higher REP
, Vehicle Passengers REP
No REP in vehicle, but REP in own body and containers
Rental REP
Same as vehicle REP if lawfully controlled until date of return
Containers REP
REP inside, unless see through or distinctive configurations
Abandon Property REP
Individual gives up right to REP in object through word, deed, no
retention of REP
Government workplaces REP
Depends on policy
Public commercial areas REP
No REP
Office space commercial areas REP
Has REP