administrative warrant
a search warrant issued to check private premises for compliance with local ordinances.
contemporaneous
a concept that holds a search can be incident to an arrest only if it occurs at the same time as the arrest and is confined to the immediate vicinity of the arrest
contraband
any items that are illegal to possess
curtilage
that portion of property associated with the common use of land - for example, buildings, sheds and fenced-in areas.
exigent
urgent; requiring immediate action
functional equivalent
equal or essentially the same
plain feel
items felt during a lawful stop and frisk may be retrieved if the officer reasonably believes the items are contraband and can instantly recognize them as such.
plain view
unconcealed evidence that officers see while engaged in a lawful activity may be seized and is admissible in court.
protective sweep
a limited search made in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene. It i
remoteness
regarding the unreasonableness and unlawfulness of searches of seized luggage or other personal belongings not immediately associated with the arrestee's body or under his or her immediate control
standing
the right to object to the unreasonableness of a search or seizure because of a reasonable expectation of privacy
voluntariness test
a determination as to whether one willingly and knowingly relinquished his or her constitutional rights
waiver test
citizens may waive their rights, but only if they do so voluntarily, knowingly, and intentionally
wingspan
the area within a person's reach or immediate control
Marron v. United States
a warrant must be descriptive enough to make general searches impossible, and be able to prevent an item from being seized under a warrant describing another; nothing should be left to the discretion of the officer
United States v. Robinson
expanded the scope of a search of a person after a lawful arrest
Georgia v. Randolph
both occupants of a residence must consent to a search when both are present; one's consent cannot overrides another's refusal
California v. Ciraolo
police looking from the air into a suspect's backyard does not violate the Fourth Amendment as it is open to public view from the air
United States v. Sokolow
upheld the totality of the circumstances test in the case of an individual who fit the profile of a drug trafficker at an airport
California v. Acevedo
if police officers have probable cause to search a container within a vehicle, then a warrantless search is valid.
Katz v. United States
any form of electronic surveillance that violates a reasonable expectation of privacy constitutes a search
United States v. Chadwick
bags or belongings not in immediate control of the suspect cannot be searched
What does a routine search at our national borders require?
They do not require "even a hint of" suspicious activity or objective justification, probable cause, or a warrant
Is electronic surveillance governed by the Fourth Amendment?
Yes, government agents do not need to physically step onto a suspect's property to conduct a search
What are exceptions to the third-party consent rule?
1. Landlord/tenant (tenants pay rent)
2. Hotel employee/guest (guests pay for a room)
List the types of situations that constitute an emergency.
1. Driving under the influence
2. Threat to life or safety
3. Suspect is at risk of fleeing
Who do limited constitutional searches protect as they serve society's needs?
the individuals of society
Why are inventory searches conducted?
1. To protect the prinsoner's personal belongings
2. To protect officers and t ensure the safety of other prisoners from contraband
Who does the Fourth Amendment apply to?
all government agents