Mastering the Bar Exam: Criminal Procedure - The Fourth Amendment (Module Two)

Welcome to Module 2, where we delve into the intricacies of the Fourth Amendment to the United States Constitution. This amendment forms the cornerstone of privacy rights and protections against unreasonable searches and seizures. We will explore the concept of reasonable expectation of privacy, the requirements and processes for obtaining search warrants, exceptions to these requirements, the legalities of stop and frisk procedures, and the important principles of the exclusionary rule and the Fruit of the Poisonous Tree Doctrine. Let's begin.

Search and Seizure.

Reasonable Expectation of Privacy.

The Fourth Amendment protects individuals against unreasonable searches and seizures. Central to this protection is the concept of a “reasonable expectation of privacy.” This expectation exists when:

An individual exhibits an actual (subjective) expectation of privacy; and

Society is prepared to recognize that expectation as reasonable (objective).

Illustrations of Reasonable Expectation of Privacy:

In one’s home, personal property, or private communications.

In enclosed spaces like dressing rooms or private offices.

In personal data stored on electronic devices.

Cases Illustrating Expectation of Privacy:

Katz v. United States: The Supreme Court ruled that the Fourth Amendment protected a person’s conversations in a public phone booth.

Carpenter v. United States: The court recognized a reasonable expectation of privacy in the location data of a person’s cell phone.

Warrant Requirements.

A search warrant is a legal document authorized by a judge or magistrate, allowing law enforcement to conduct a search of a specific place for specific items.

The Process and Legal Standards:

Probable Cause: The officer must show probable cause, a reasonable basis to believe that a crime has been committed and that evidence relevant to the crime is likely to be found in the place to be searched.

Sworn Affidavit: The officer must provide a sworn statement detailing the facts that establish probable cause.

Specificity: The warrant must specify the location to be searched and the items to be seized.

Judicial Approval: A neutral and detached judge or magistrate must review the affidavit and issue the warrant.

Exceptions to the Warrant Requirement.

There are several situations where law enforcement can conduct searches without a warrant:

Consent: If a person voluntarily consents to a search.

Plain View Doctrine: If the evidence is in plain sight of an officer legally present at the scene.

Search Incident to Lawful Arrest: If a search is conducted immediately following a lawful arrest.

Exigent Circumstances: In situations requiring immediate action, such as to prevent harm or the destruction of evidence.

Automobile Exception: Due to the mobile nature of vehicles, searches may be conducted with probable cause but without a warrant.

Stop and Frisk.

Terry Stops.

A Terry stop, named after the landmark case Terry v. Ohio, allows police to briefly detain a person based on reasonable suspicion of involvement in criminal activity.

Legal Basis and Requirements:

Reasonable Suspicion: A standard less than probable cause, based on specific and articulable facts.

Limited Scope: The stop should be brief and limited to the purpose of confirming or dispelling the officer’s suspicions.

Pat-Down for Weapons: If the officer reasonably believes the person is armed and dangerous, a pat-down for weapons is allowed.

Reasonable Suspicion.

Reasonable suspicion is a legal standard, lower than probable cause, that is based on specific, articulable facts and rational inferences.

Examples of Reasonable Suspicion:

A person matching the description of a suspect in a recent crime.

Evasive or unusual behavior under certain circumstances.

Visible indications of illegal activity.

Exclusionary Rule and Fruit of the Poisonous Tree Doctrine.

Development and Application.

The exclusionary rule prevents evidence obtained in violation of the Fourth Amendment from being used in court.

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