Searches II

Property constituting the evidence of a crime

Seizures of personal property that do not require justification under the 4th amendment

Patients must consent to diagnostic tests for obtaining evidence in order to incriminate them & be aware of their rights

It is a per se 4th amendment violation if the police commit an unauthorized trespass on private

You can manipulate plain view items

May be described as voluntary relinquishment of all right, title, claim, and possession without intent to reclaim it

You must assert your own rights. Nobody can assert your rights for you.

Who is protected under the language of the 4th amendment?

Originated at common law to extend to the area immediately surrounding a dwelling house & protected by the 4th amendment

The right of the people to be secure in their ___, ____, _____, ______.

Criminal conduct exposed to the public from a protected place does not have 4th amend. protection in terms of being seen

Warrantless aerial surveillance: fixed-wing aircraft

Abandoned premises, open fields, aerial surveillance, common areas of buildings, and public areas of business

Property, the possession of which is unlawful

Searches by private persons do not implicate the Fourth Amendment.

Legal initial entry, evidence is immediately apparent without touching it, in the same area where police is lawfully

Any narcotic drug

Balancing the government's interest in conducting the search against the intrusion which the search entails

Ownership is the same as possession

The 4th amend. allows for a search warrant on premise of 3rd parties who are not suspected of involvement in the crime

Warrantless aerial surveillance: helicopters

You need a warrant to search in open fields.

In order to claim 4th amendment protection, a defendant must demonstrate that he personally has an ________

Deter unlawful police conduct

Stolen or embezzled property

Flashlights, dog sniffs, binoculars, night vision equipment are permissible natural sense enhancements

Thermal imaging is permissible to use without a warrant

Any govt. conduct which intrudes on a person's reasonable expectation of privacy for purposes of obtaining information

Property which is being used or has been used in the commission of a criminal offense

You don't need a search warrant to place a GPS tracking device on a vehicle