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Criminal Procedure
University of Kentucky School of Law
Fortune, William H.

I. 4th Am Issue: No unreasonable search/seizures
a. Search: LE enter home/business/car/etc looking for evidence/fruit/instrumentalities of crime
b. Seizure: Can be seizure of person or seizure of property
i. Seizure of Person test:
1. When LE by means of “physical force or show of authority restrains the liberty of a citizen where a reasonable person would not believe he was NOT free to leave”
a. Arrest
b. Restraining in order to frisk/question
c. Taking into custody to police station to question/fingerprint
d. Ordering to pull car over to question/issue citation
e. Roadblock

ii. Seizure of Property:
1. Anything connected to criminal activity under investigation

iii. No Warrant unless PC, supported by Oath, particularly describing place to be searched & persons/things to be seized

iv. Asserting 4th Amendment Claim:
1. Only apply when violated by Govt (not private citizens)
2. 4th Am rts are Personal Rts (not derivative rts)
3. Only the person whose rts were violated can assert claim
4. Evidence that might be excluded against Δ1 could be used against Co-Δ 2

v. 4th Creates Rt to Privacy: Must be reasonable expectation of privacy
1. Test:
a. Is there an Actual Rt to Privacy under the circumstances??
i. Look to intent & actions of the person to keep their privacy
1. Did they do something outside/in the public or did they do it inside/in home/behind fence, etc.??
b. Is the Expectation of that Rt to Privacy reasonable??
i. Subjective

vi. PROTECTS
1. PEOPLE
a. Citizens & non-citizens
b. Inside/outside of bodies
c. Oral communications

2. HOMES
a. Perman

Letters/diaries

Shredded docs protected

Baggage/luggage

Other

CARS:

If owner lends car to 3rd party for SHORT duration, then owner still retains reasonable expectation of privacy (4th am protection)

If owner lends car to 3rd party for LONG duration then the 3rd party possesses the reasonable expectation of privacy (4th protection)

DOES not apply to Passengers