2
P.C. 832 LD 16 Search and Seizure Exam with accurate
|| || || || || || || || || ||
detailed answers ||
Fourth Amendment to the Constitution prohibits unreasonable searches and seizure by the state
|| || || || || || || || || || || || ||
and establishes that any search or seizure by the state must be based upon probable cause. -
|| || || || || || || || || || || || || || || || ||
✔✔Fourth Amendment ||
A priority of the authors of the United States Constitution and the California Constitution was to
|| || || || || || || || || || || || || || || ||
avoid unlimited actions and intrusions by the government and to protect a person's: - ✔✔-Privacy
|| || || || || || || || || || || || || || ||
-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
|| || || || || || || || || || || || || || || ||
government that are considered unreasonable by the courts. || || || || || || ||
Limitation on government's power - ✔✔The Fourth Amendment, like the other Amendments in
|| || || || || || || || || || || || ||
the Bill of Rights, limits the power of the government but does not apply to actions by private
|| || || || || || || || || || || || || || || || || ||
citizens. If a private individual violates someone else's expectation of privacy, the victim may be
|| || || || || || || || || || || || || || ||
able to make a claim in the civil court system.
|| || || || || || || || ||
seizure of property - ✔✔occurs when there is some meaningful interference an individual's
|| || || || || || || || || || || || ||
possessory interest in that property by the government. || || || || || || ||
A seizure of a person occurs when: - ✔✔-A peace officer physically applies force, or
|| || || || || || || || || || || || || || ||
-A person voluntarily submits to a peace officer's authority.
|| || || || || || || ||
seizure of property - ✔✔occurs when there is some meaningful interference with an individual's
|| || || || || || || || || || || || || ||
possessory interest in that property by the government. || || || || || || ||
,2
A search occurs when - ✔✔an expectation of privacy that society is prepared to consider
|| || || || || || || || || || || || || || ||
reasonable is infringed upon by the government. || || || || || ||
A reasonable expectation of privacy can exist almost anytime and anyplace as long as: - ✔✔-
|| || || || || || || || || || || || || || ||
Individuals have indicated that they personally (subjectively) expect privacy in the object or area
|| || || || || || || || || || || || || ||
and ||
-Their expectation is one which society prepared to recognize as legitimate.
|| || || || || || || || || ||
Subjective expectation of privacy - ✔✔is a person's state of mind demonstrated by affirmative
|| || || || || || || || || || || || || ||
action designed to protect their privacy (e.g. building a fence, closing window shades, locking a
|| || || || || || || || || || || || || || ||
compartment, etc.). ||
Objective reasonableness refers to - ✔✔whether society is prepared to recognize the individual's
|| || || || || || || || || || || || ||
expectation as reasonable. || ||
Curtilage means - ✔✔the relatively small and usually well-defined area immediately around a
|| || || || || || || || || || || || ||
residence to which the private activities of the home extend, and in which the owner has an
|| || || || || || || || || || || || || || || || ||
expectation of privacy. || ||
Standing exists when a person has a - ✔✔legitimate possessory interest or relationship over an
|| || || || || || || || || || || || || || ||
object or area. || ||
Standing generally is established by: - ✔✔-Ownership
|| || || || || || ||
-Lawful possession || ||
-Authority, and/or || ||
-Control of the area searched or the property seized.
|| || || || || || || ||
To establish probable cause to search, peace officers must be able to articulate how and why they
|| || || || || || || || || || || || || || || || ||
have a fair probability to believe: - ✔✔-A crime has occurred or is about to occur
|| || || || || || || || || || || || || || || ||
, 2
-Evidence pertaining to the crime exists, and || || || || || || ||
-The evidence is at the location they wish to search.
|| || || || || || || || ||
The exclusionary rule - ✔✔If a court finds that a search or seizure is not reasonable and that a
|| || || || || || || || || || || || || || || || || || ||
person's Fourth Amendment rights have been violated by the government, all items seized during
|| || || || || || || || || || || || || ||
the search could be ruled inadmissible or excluded as evidence at trial.
|| || || || || || || || || || ||
"The fruits of the poisonous tree." - ✔✔The exclusionary rule "inadmissible or excluded
|| || || || || || || || || || || || ||
evidence"
Open fields - ✔✔means outdoor real property, outside the curtilage of the residence.
|| || || || || || || || || || || ||
An overflight - ✔✔is the flight of a plane or helicopter over a given area.
|| || || || || || || || || || || || || ||
Examples of standing - ✔✔A live-in housekeeper gives consent for peace officers to enter and
|| || || || || || || || || || || || || || ||
search for illegal weapons in the residence where she works. The homeowner has given the
|| || || || || || || || || || || || || || ||
housekeeper authority over the residence; therefore, the housekeeper has standing to challenge the
|| || || || || || || || || || || ||
legality of the consent search later in court.
|| || || || || || || ||
Examples of standing - ✔✔A male defendant contests the search of his tool box that he had
|| || || || || || || || || || || || || || || || ||
locked and placed in a friend's garage. By locking the tool box, the owner demonstrated an
|| || || || || || || || || || || || || || || ||
expected level of privacy over its contents. Only the owner of the tool box, not the friend who
|| || || || || || || || || || || || || || || || || ||
owned the garage, would have standing to challenge the legality of the search of the tool box.
|| || || || || || || || || || || || || || || ||
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
|| || || || || || || || || || || || || || ||
property. The owner has not given the guest any authority over the property; therefore, the
|| || || || || || || || || || || || || || ||
houseguest does not have standing over the area. If the officers conduct the search, the
|| || || || || || || || || || || || || || ||
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.
|| || || || || || ||
P.C. 832 LD 16 Search and Seizure Exam with accurate
|| || || || || || || || || ||
detailed answers ||
Fourth Amendment to the Constitution prohibits unreasonable searches and seizure by the state
|| || || || || || || || || || || || ||
and establishes that any search or seizure by the state must be based upon probable cause. -
|| || || || || || || || || || || || || || || || ||
✔✔Fourth Amendment ||
A priority of the authors of the United States Constitution and the California Constitution was to
|| || || || || || || || || || || || || || || ||
avoid unlimited actions and intrusions by the government and to protect a person's: - ✔✔-Privacy
|| || || || || || || || || || || || || || ||
-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
|| || || || || || || || || || || || || || || ||
government that are considered unreasonable by the courts. || || || || || || ||
Limitation on government's power - ✔✔The Fourth Amendment, like the other Amendments in
|| || || || || || || || || || || || ||
the Bill of Rights, limits the power of the government but does not apply to actions by private
|| || || || || || || || || || || || || || || || || ||
citizens. If a private individual violates someone else's expectation of privacy, the victim may be
|| || || || || || || || || || || || || || ||
able to make a claim in the civil court system.
|| || || || || || || || ||
seizure of property - ✔✔occurs when there is some meaningful interference an individual's
|| || || || || || || || || || || || ||
possessory interest in that property by the government. || || || || || || ||
A seizure of a person occurs when: - ✔✔-A peace officer physically applies force, or
|| || || || || || || || || || || || || || ||
-A person voluntarily submits to a peace officer's authority.
|| || || || || || || ||
seizure of property - ✔✔occurs when there is some meaningful interference with an individual's
|| || || || || || || || || || || || || ||
possessory interest in that property by the government. || || || || || || ||
,2
A search occurs when - ✔✔an expectation of privacy that society is prepared to consider
|| || || || || || || || || || || || || || ||
reasonable is infringed upon by the government. || || || || || ||
A reasonable expectation of privacy can exist almost anytime and anyplace as long as: - ✔✔-
|| || || || || || || || || || || || || || ||
Individuals have indicated that they personally (subjectively) expect privacy in the object or area
|| || || || || || || || || || || || || ||
and ||
-Their expectation is one which society prepared to recognize as legitimate.
|| || || || || || || || || ||
Subjective expectation of privacy - ✔✔is a person's state of mind demonstrated by affirmative
|| || || || || || || || || || || || || ||
action designed to protect their privacy (e.g. building a fence, closing window shades, locking a
|| || || || || || || || || || || || || || ||
compartment, etc.). ||
Objective reasonableness refers to - ✔✔whether society is prepared to recognize the individual's
|| || || || || || || || || || || || ||
expectation as reasonable. || ||
Curtilage means - ✔✔the relatively small and usually well-defined area immediately around a
|| || || || || || || || || || || || ||
residence to which the private activities of the home extend, and in which the owner has an
|| || || || || || || || || || || || || || || || ||
expectation of privacy. || ||
Standing exists when a person has a - ✔✔legitimate possessory interest or relationship over an
|| || || || || || || || || || || || || || ||
object or area. || ||
Standing generally is established by: - ✔✔-Ownership
|| || || || || || ||
-Lawful possession || ||
-Authority, and/or || ||
-Control of the area searched or the property seized.
|| || || || || || || ||
To establish probable cause to search, peace officers must be able to articulate how and why they
|| || || || || || || || || || || || || || || || ||
have a fair probability to believe: - ✔✔-A crime has occurred or is about to occur
|| || || || || || || || || || || || || || || ||
, 2
-Evidence pertaining to the crime exists, and || || || || || || ||
-The evidence is at the location they wish to search.
|| || || || || || || || ||
The exclusionary rule - ✔✔If a court finds that a search or seizure is not reasonable and that a
|| || || || || || || || || || || || || || || || || || ||
person's Fourth Amendment rights have been violated by the government, all items seized during
|| || || || || || || || || || || || || ||
the search could be ruled inadmissible or excluded as evidence at trial.
|| || || || || || || || || || ||
"The fruits of the poisonous tree." - ✔✔The exclusionary rule "inadmissible or excluded
|| || || || || || || || || || || || ||
evidence"
Open fields - ✔✔means outdoor real property, outside the curtilage of the residence.
|| || || || || || || || || || || ||
An overflight - ✔✔is the flight of a plane or helicopter over a given area.
|| || || || || || || || || || || || || ||
Examples of standing - ✔✔A live-in housekeeper gives consent for peace officers to enter and
|| || || || || || || || || || || || || || ||
search for illegal weapons in the residence where she works. The homeowner has given the
|| || || || || || || || || || || || || || ||
housekeeper authority over the residence; therefore, the housekeeper has standing to challenge the
|| || || || || || || || || || || ||
legality of the consent search later in court.
|| || || || || || || ||
Examples of standing - ✔✔A male defendant contests the search of his tool box that he had
|| || || || || || || || || || || || || || || || ||
locked and placed in a friend's garage. By locking the tool box, the owner demonstrated an
|| || || || || || || || || || || || || || || ||
expected level of privacy over its contents. Only the owner of the tool box, not the friend who
|| || || || || || || || || || || || || || || || || ||
owned the garage, would have standing to challenge the legality of the search of the tool box.
|| || || || || || || || || || || || || || || ||
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
|| || || || || || || || || || || || || || ||
property. The owner has not given the guest any authority over the property; therefore, the
|| || || || || || || || || || || || || || ||
houseguest does not have standing over the area. If the officers conduct the search, the
|| || || || || || || || || || || || || || ||
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.
|| || || || || || ||
