How to Analyze 4th Amendment Searches and Seizures of Evidence on a Criminal Procedure Essay

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How to Analyze 4th Amendment Searches and Seizures of Evidence on a Criminal Procedure Essay

SEARCHES AND SEIZURES UNDER THE FOURTH AMENDMENT

The 4th Amendment protects against unreasonable government searches and seizures.

Generally, there are two categories of government searches and seizures: (1) government seizures of a person (e.g., a police officer arrests a suspect and takes him into custody); and (2) searches and seizures of evidence to be used against a person in a criminal prosecution (e.g., a police officer searches a suspect’s car for drugs).

EVIDENTIARY SEARCHES AND SEIZURES UNDER THE FOURTH AMENDMENT

Under the 4th Amendment, a government search and seizure of evidence must be reasonable. For 4th Amendment purposes, a "search" occurs when a government agent physically intrudes into an area where a person has a reasonable expectation of privacy.

Places where a person typically has a reasonable expectation of privacy include: the home, the backyard of the home (i.e., the "curtilage"), a hotel room, an office, and luggage.

Places where a person typically does not have a reasonable expectation of privacy include: public streets, open fields (even if the open field is private property), abandoned property, anything visible from public airspace, and anything that can be seen from public space (with or without sensory enhancing devices that are generally available to the public -- e.g., binoculars, flashlight, etc.)

Absent an exception to the warrant requirement, a government search that physically intrudes into an area where a person has a reasonable expectation of privacy is unlawful UNLESS the government agent performing the search properly executes a valid search warrant.

THE SEARCH WARRANT REQUIREMENT

A search warrant must: (1) be issued by a neutral magistrate; (2) be based on probable cause to believe that the items sought are fruits, instrumentalities, or evidence of crime; AND (3) describe the place and property to be searched with particularity.

If a warrant fails to meet these three requirements, the warrant is invalid, and the recovered evidence will generally be excluded from the prosecutor’s case-in-chief (unless an exception to the search warrant requirement applies).

However, evidence recovered from an invalid search warrant will generally not be excluded if the search warrant is facially valid and the police in good faith believed that the search warrant was valid.

EXECUTION OF THE SEARCH WARRANT

To execute a search warrant properly, the government agent(s) conducting the search must: (1) perform the search within a reasonable amount of time from when the judge issued the warrant; (2) knock and announce; and (3) keep their search within the scope of the warrant (e.g., cannot search for a shotgun in a jewelry box).

If the police fail to execute a search warrant properly, the recovered evidence will generally be excluded from the prosecutor’s case-in-chief (unless an exception to the search warrant requirement applies).

However, if the execution of the warrant was improper solely for a failure to knock and announce, the evidence recovered generally will not be excluded.

EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT

[balwantpawar]

This guy is simply awesome! He is one of those rare tutors that can make law and it’s many technicalities understandable. You finish watching and can say wow I finally get it now!

[carlesiabibbins]

Very beneficial...I love the visual and the break down of the information! I am consuming this .21 minute video better than the number of class periods it took to go over this. Thumbs up!

[gabrielasaint-louis]

I love this, thank you! I have my exam tomorrow and I've been freaking out all day, but this video put me at ease!

[michellestockman]

I'm not a law student, but due to the fact that my court appointed attorney is not defending me to the best of his ability, I have been researching heavily since March in hopes to successfully get my charges dismissed. Do you have anything about the scope of a warrant, what to do when a judge denies your motion to discovery, specifically denies you the warrant that led to an arrest and the application that got this warrant? What would I look for in here? You've absolutely got my attention and you explain things perfectly. I am forever grateful for all the things you've taught me thus far.

[AntiMasonic]

My understanding is before going into details with respect to government action, standing needs to be discussed. So, whether the defendant has standing to bring a 4th amendment challenge is discussed first then a discussion on government action is next. Also, the exclusionary rule is always discussed to see if the motion to suppress will be granted.

[ditzybangochik]

Thank you thank you thank you! I am studying for the CA Bar and Bar Essays did a terrible job at explaining the difference between Evidentiary Search and Seizure and 4th Amend. Search & Seizure. Thank you for doing this and giving us free access to it.

[latejanaurbana]

11:55 - 4th at issue
Warrant requirement
Scope of warrant

[AntiMasonic]

Nice video. It would have been nice to elaborate on the Katz v United States case. This case expanded the 4th amendment to public places.

[WearethebestB]

Very helpful thank you! Do you have videos for Florida bar as well? thank you

[jessecastro]

Hi i'm jessie do you know if this a good enough answer for my response; Furthermore the plaintiffs Fourth Amendment search and seizure rights were broken because there was a physical intrusion of eviction proceedings performed by the government into a constitutionally protected area which was subsidized housing where there was a reasonable expectation of privacy and warrants necessary to proceed in an eviction proceeding of unlawful detainer.

[coryupton]

what if the government is looking from federal airspace? say like from an airplane, which is technically owned by the FAA, and they used this to search your backyard or private property.

[jonathanlindsey]

Let's say my dad has it on Fuson and I. Let's say the fusion center denied me. Let's say if you deny me in front of men, because calls are recorded for monitoring, that I'll deny you in front of my father. Let's say I have to trust that home because you expect to use that power for emergency purposes. How do you?

[jessecastro]

Hey i have a question, how would a search and seizure rights be broken if eviction proceedings are instituted against someone for due process violations.

[cecigowin]

What about your vehicle? Is that not protected?

[latejanaurbana]

Seizure performed by government. Yes.

[navycorpsman]

In this day and age such devices are available to public. Police aren’t happy bout this either.

[Rugercal]

greatttt video! glad to be first to comment:) Godspeed.

[A.WhiteCompany]

JESUS FUCKING CHRIST! thank you for everything you do. These videos are incredible.

[jonathanlindsey]

Satan doesn't have a right to prey

[latejanaurbana]

Does the magistrate have to be a lawyer,