Reasonableness Clause Warrants Clause

Applies to all Fourth (and 14th DP/states) Amendment Rights Searches and Siezures. Applies to full
searches/seizures. Part 1: Text & Levels of Objective Suspicion search/seizures

"{The right of the (1) people to be secure in their (2) persons, houses, {no Warrants shall issue, but upon (1) probable cause, (2) supported by
papers, and effects, against (3) unreasonable searches and seizures, {and} Oath or affirmation, (3) and particularly describing the place to be
shall not be violated,} searched, and the persons or things to be seized.}

(a) Prima Facie Inquiry: Are the people and subject matter within the scope of the 4th Am's face?

(1) The People. (2) Persons, Houses, Papers, and Effects. and NOT
"Class of persons who are a part of a
Persons. Effects. Houses.
national community or who have Papers. Non-PHPEs
otherwise developed sufficient
connection w/ this country to be Inlds physical body, Catch-all for Any structure used for residence,
Personal (even if temporary) and asso'c -NOT (Real) "Property,"
considered a part of the community." clothing attached residual
items, letters, curtilage (intimate areas around generally. Open Fields. ->
ex) Mexican citizen arrested in Mexico thereto, wallet, etc. things. Cars
diaries, and home) [backyard and garage/ Areas outside curtilage
is not part of the "the people" simply -> also includes are here; but
business attached structures. . which are unoccupied
b/c he is here involuntarily for intangibles such as not "property"
records. Also includes business offices and AND/OR undeveloped
sentencing. conversations. generally.
commercial property

(a)(i) Search? (a)(ii) Seizure?

(A) Reasonable Expectation of Privacy Violated. (B) (A) Property (B) Persons.
eith/ Property
Search occurs if there is a violation of (1) a subjective expectation of privacy; (2) OR Violation (1) "Meaningful
(1) "When police (a)
which society is prepared to accept as reasonable. against interference [incld
P/H/P/E. restrain an individual's
destruction as well as
freedom to leave, by
No Reasonabl Expectation. removal] with
Reduced Reasonable Expectation. either (b) FORCE, or (c)
- "Knowing expsoure to public" Must occur individual's
Expectation. - IF (in house) and information is SHOW OF AUTHORITY,
(false friend/informant); to the possessory interest
-Highly unknowable without technology in there has been a seizure.
-In girlfriend's purse property, in the property."
regulated general public use, and would
(insufficient connection); while def.
fields (ie have been unkowable w/o Note: Police must make
-In open fields; had
cars, physical intrusion = RSNbl; contact for "force" to work.
-Brief time in other person's property (2) Permitted Category
banks, - CONTAINERS (luggate has very No "seizure"/4th am in
house (for business interest in of Seizable Items.
guns). strong expectation of privacy); unsuccessful police pursuit.
transaction, etc.) it.
-" meaningful cnnctn to res"
Fruits, Contraband, Inquiry: Would a
Instrumentalites, and reasonable peson belive
But see: If things in House/Curtilage are visible from double decker bus, they are free to leave
OR low-flying aircraft (in gen pub use), then no rsnbl expec. prcvy. Evidence. ONLY.
under circumstances?
really need officers to
(b) Activity/Suspicion Inqiuiry: Do the police have the requsite level of objective Note: Extent of seizure is different say something re: force,
suspicion to warrant the level of intrusion in their search/seizure? matter; and justified via level of even officer intent to not
suspicion. See below. let levae sufficnet.
(b)(i) - Searches/Seizues (non-Arrest)
[consent does not implicate 4th until thresshold/ WALL OF AUTHORITY is breached]

" Consent" & Consent. Reasonable Suspicion. Probable Cause. (b)(ii) - Arrest of Person
No objct. suspicion necessary. Minimal objct. suspicion necss. (search/seize - nonarrests)
Note: Arrest is not that
Seizure Context: Police can Stndrd: "Some minimal level of Stndrd: "Some substantial basis for consequential OUTSIDE
simply talk to people on the street objective justification; pointing to underlying belief, more than mere the SILA / Plain View
w/o need for Rs. Susp. specific & articulable facts which suspicion (but < preonderance) exclusionary rule
Reasonable person feel free to with rational inferences therefrom, context. ---->>> There is
leave? (Note: Terry was consent reasonably warrant intrusion. Objective: Guaged by reasonable no in-court remedy for an
up until he was touched) police officer std. Nothing subjective unlawful arrest (just §
Adqt Info: Reliability held to ever matters (except cop's experience 1983). You don't get a
Search Context: Must be LESSER standard than Gates to help his observations). Note: A Get-Out-of-Jail-Free card
voluntary and actions limited by totality: Basically, if some (not all) dumbass officer can get it 'right' for being unlafuly arrested
the scope granted. forward-looking info from tip is despite having 'wrong' reasoning, if
-Voluntariness: Totality test of confirmed, adequte. a valid reasoning exists for the Arrest (outside home):
consent "freely given." Was force RPO. Probable cause that (1) a
shown? Badgering? [Note: crime has occurred, and (2)
Knowledge that you can say no Max Scope: Terry (a) Stop & (b) Frisk Adqt Info: Gates totality test. (a) Basis the def. may have
not essential to consent]. [Seizure] May briefly stop a person of Knowledge; (b) Reliability of info; committed the crime.
-Scope: What would a temporarily (lng enough to invstigt), for (c) self-verifying info; and Arrest (@a home): Probable
reasonable person [not officer] purpose of investigating a crime. (d) corroboration of future bevahior. cause that (1) a crime has
have interpreted the Def's No one factor rules; good of one can occurred, (2) the def. may
consenting statement to [Search]. IF after valid "stop," officer outweigh deficincies in others. have committed the crime,
authorize (ie "look in trunk" ? ALSO HAS "resnbl. & artclbl. suspicoun (3) warrant obtained
"break locks & tear seat cushioni"). that person is armed and dangerous, -> Max Scope: (absent exigent).
BUT If fnds Pln Viw evid, stacks may conduct brief patdown FOR THE May not exceed probable cause OR 3rd pty home needs search
PURPOSE OF FINDING WEAPONS. bright-line rule [ie SILA].
warrant too. [bt stndning iss]
Note: 3rd pty/shrd space. ONLY
hysically present Def. can Note: Patdown ends with no weapons. Note: Diff b/w con. "arrest",
override consent of other; May not return to something whose Warrant? Some PC needs warrant, & state law "arrest"
and illegality WAS NOT Rdly APPrnt @
others do not. See exceptions to
Apparent auth = rsnbl officerstd FIRST PATDOWN. [ie cig box with coke warrant req.
is safe, IF no rsnbl rtc suspin of rzr bld]