4th Amendment Search and Seizure Legal Principles

4th Amendment: Search and Seizure

1. Search Analysis

A search occurs if there is government action and a Reasonable Expectation of Privacy (REOP). The test requires:

• Actual expectation of privacy.
• Expectation recognized as reasonable by society.

Included: Pen registers, trash, aerial surveillance, dog sniffs, and open fields.
Excluded: Thermal imaging and curtilage.

2. Standing

To challenge a search, one must have a legitimate expectation of privacy in the place searched. This typically includes homeowners and overnight guests (considering factors like keys, occupancy, and personal belongings). It generally excludes those present for only a few hours or for commercial purposes.

3. Warrant Requirements

A valid warrant requires Probable Cause (PC) and particularity regarding the place to be searched and items to be seized, issued by a neutral, detached judge.

• Challenges: Can be challenged if the affiant intentionally or recklessly included materially false statements.
• Good Faith: Applies to honest mistakes.
• Execution: Officers must knock and announce their purpose and wait a reasonable time.
• No Knock & Announce: Permitted if there is reasonable suspicion (RS) of evidence destruction, harm to officers, or flight.
• Scope: Officers may seize evidence of criminal activity discovered (plain view) and detain occupants, but cannot search them without an exception.

4. Seizure Definition

Considering all surrounding circumstances, a seizure occurs if a reasonable person believes they are not free to leave or terminate the encounter.

5. Informant Reliability

1. Credibility: Established through police corroboration.
2. Basis of Knowledge: Established through specific details.

6. Search and Seizure Exceptions

• Auto Stop: Requires RS that a law was violated. All passengers may challenge the stop.
• Checkpoint: Must relate to a vehicle-specific purpose (e.g., DUI checkpoints are valid; drug checkpoints are generally not).
• Plain View: Officers must be legitimately on the premises, and the contraband must be immediately apparent. Includes plain smell and binoculars, but not infrared.
• Consent: Must be voluntary (no duress), knowing, and intelligent. Valid even if the individual lacked actual authority, provided police reasonably believed they had it.
• Exigent Circumstances: Includes emergency assistance, hot pursuit, or preventing the immediate destruction of evidence.
• Incident to Arrest (Gant): Search must be concurrent in time and place, limited to the wingspan. Includes the passenger compartment and containers; excludes the trunk.
• Stop & Frisk (Terry): Requires RS of criminal activity or that the suspect is armed and dangerous. Limited to a protective pat-down for weapons.
• Automobile Search: Requires PC that the vehicle contains contraband. Allows a full search, including containers and the trunk.
• Inventory Search: Permitted for property found on an arrested person, provided it follows adopted police procedures.