Fourth Amendment Review: Fourth Amendment and the States o Wolf Right to privacy via the Fourteenth Amendment,

t, but no exclusionary rule o Weeks Exclusionary rule applies in federal court for Fourth Amendment violations o Mapp Exclusionary rule applies in state court Pringle affirms that Mapp incorporated the exclusionary rule to the states as a constitutional rule What is a search? Involves a reasonable expectation of privacy excludes what defendant knowingly exposed to the public o Katz Wiretap on phone booth o U.S. v. White Government informant wearing wiretapfalse friends o Katz applied: Smith Pen registers No search Miller Bank records No search Kyllo Sense-enhancing technology Search Oliver, Dunn (look at four factors to determine curtilage), Ciraolo, and Riley Open fields and cartilages Knotts (no search public roads); Karo (search inside home) Trackers Place; Caballes Dog sniffs What is a Seizure? o Karo meaningful interference with possessory interest this deals with property interests Probable Cause: o Spinelli (two prongs reliability and veracity) o Draper Corroboration o Gates Totality of the circumstances, considering reliability and veracity o Payton Arrest warrants in public versus in home Watson Only probable cause is needed to arrest someone in public not an arrest warrant Steagold If you arrest someone in a third partys house, you need a search warrant for that house. Search Warrants, Issuance, Execution: o Lo-Ji Requiring particularity and neutrality o Richards Knock and announce Hudson No exclusionary rule for knock and announce Exceptions to Warrant Requirement: o Exigent Circumstances (Need Probable Cause) Hayden o Search Incident to an Arrest (automatic no probable cause required) Chimel Grabbing area Robinson Full search incident to an arrest Buie search incident to arrest allows officers to search adjoining rooms and spaces

o Stop and Frisk Generalized reasonableness (need reasonable suspicion) Terry Limited you can seize (Terry stop) if you have a reasonable suspicion that criminal activity is afoot you can search (Terry frisk) if you have reasonable suspicion that the suspect is armed and dangerous Long Terry search of car Place Terry stop of container o Terry stop (need reasonable suspicion) v. Arrest (need probable cause) Dunaway Know Dunaway factors of how to distinguish arrest from Terry stop remember an arrest requires probable cause in public or arrest warrant in home o Seizure versus Non-seizures Mendenhall Airport would a reasonable person feel free to leave Drayton Bus would a reasonable person feel free to leave or to decline the request Horadi D When seized Seizure does not occur until suspect submits to show of authority o Reasonable Suspicion White Reasonable suspicion requires less of a showing than probable cause. Wardlow high crime area plus flight can give reasonable suspicion Buie Protective sweeps of house requires reasonable suspicion o Search Incident to Arrest Automobile Occupants Automatic, no probable cause required for search Belton passenger compartments are considered grabbing area Thornton extends SITA for recent occupants of automobiles o Search Incident to Arrest Pretextual Stops Whren Officers intent is irrelevant o Automobile Searches (need probable cause for the vehicle) allows police to search the trunk Chambers Search at the police station Carroll Search on the road Coolidge Search of cars in the driveway Carney Search of a motor home Opperman Inventory search Chadwick Need probable cause for a container How is Chadwick still useful? If probable cause exists for a container not in a car, then a warrant is probably necessary (unless there is a SITA) Sanders (get warrant for container if no probable cause for the car) versus Ross (no warrant for container if probable cause for car) Avecado Court goes with Ross. Officers do not need a warrant for the car if they have probable cause for a container in the car. o Plain View (applies to seizures, not searches) Horton (inadvertence not require) Plain view requirements Right to see; right of access, and criminality of instrument must be immediately apparent Hicks Probable cause must exist to believe that the item is contraband or evidence

o Consent (no probable cause for search) Schneckloth Voluntariness totality of circumstances test Matlock Co-occupant can consent to search Randolph No wins over yes Rodriguez Officer has a reasonable belief about the consenters apparent authority o Special Needs Brown v. Texas This is the test that we use Weigh the governments need; the programs effectiveness; and the level of intrusion Sitz DUI checkpoint Edmond Narcotics checkpoint Drug testing, school searches, border searches (no roving stops but stationary checkpoints are fine) Remedies for Fourth Amendment Violations o Exclusionary Rule Mapp Exclusionary rule applies to the states Leon Good faith exception o Standing Silverthorne Must violate the defendants rights o Fruit of the Poisonous Tree Wong Sun Attenuation Murray Independent source Nix Inevitable discovery