Search and Seizure Laws Flashcards

Katz v. United States (1967) fundamentally changed Fourth Amendment analysis by holding that the amendment protects:

Answer: People's reasonable expectations of privacy, not merely physical locations or property

Katz established the 'reasonable expectation of privacy' test, shifting the Fourth Amendment analysis from property-based concepts to whether a person has a subjective expectation of privacy that society recognizes as reasonable.

Which of the following scenarios would most clearly justify a Terry investigative stop based on reasonable articulable suspicion?

Answer: A person closely matching the detailed description of an armed robbery suspect is seen one block from the crime scene minutes after the offense

Matching a specific suspect description and proximity in time and place to a recent crime provides concrete, articulable facts supporting reasonable suspicion for an investigative stop.

The 'fruit of the poisonous tree' doctrine holds that:

Answer: Evidence discovered as a direct result of an illegal search or seizure is itself inadmissible

The fruit of the poisonous tree doctrine, an extension of the exclusionary rule articulated in Wong Sun v. United States (1963), bars evidence that is derived from or tainted by an initial unconstitutional search or seizure.

Under Fourth Amendment case law, may a deputy sheriff search garbage bags a resident has placed at the curb for collection without a warrant?

Answer: Yes, because a person has no reasonable expectation of privacy in garbage voluntarily exposed to the public

California v. Greenwood (1988) held that people have no reasonable expectation of privacy in garbage left at the curbside for collection because it is knowingly exposed to the public.

The 'open fields' doctrine, originating in Hester v. United States (1924), provides that law enforcement officers:

Answer: May enter and observe open fields without a warrant because there is no reasonable expectation of privacy in such areas

The open fields doctrine holds that the Fourth Amendment does not protect open fields, even if privately owned and posted with 'No Trespassing' signs, because they are not the type of place where people have a reasonable expectation of privacy.

A 'protective sweep' following an in-home arrest is best described as:

Answer: A quick visual inspection of spaces immediately adjoining the arrest scene where an attacker could be hiding

Maryland v. Buie (1990) authorized a protective sweep—a cursory visual inspection of areas where persons could be found who might attack officers—as a limited exception incident to an in-home arrest.

The 'independent source' doctrine allows evidence that was initially discovered through illegal means to be admitted at trial if:

Answer: The same evidence was also obtained through a separate and wholly lawful investigation independent of the illegality

The independent source doctrine, recognized in Murray v. United States (1988), permits admission of evidence that was initially discovered illegally but was subsequently obtained through an independent lawful search untainted by the original violation.