Instructor: Deputy Chief of Police Mark G. Stigler

1. Police Recruit AcademyII-A-5Constitutional LawIdentify search-related activities where the 4th amendment is not applicable.(2 hour block) Instructor: Deputy Chief of Police Mark G. Stigler

2. Identify search-related activities where the 4th amendment is not applicable. What are the judicially recognized exceptions to the warrant requirement? • Automobile-probable cause search (Carroll Doctrine) • Inventory searches • Exigent circumstances- hot pursuit • Protective sweep • Terry stop and frisk • Consent by the owner

4. Identify search-related activities where the 4th amendment is not applicable. Under what circumstances does the 4th amendment not apply?no expectation of privacy • Open fields • Abandoned property • dog sniffs in public places, • looking for VIN numbers, • Open view • fly-overs, • inspection of prison cells, • abandoned property • Inspection Pursuant to Law

6. Identify search-related activities where the 4th amendment is not applicable. • When an officer discovers evidence during a lawful search, the officer may seize the item under the plain view doctrineif: • The item is in clear plain view. • The item is obviously evidence or contraband. • The officer is lawfully in the area where the discovery was made.

8. Identify search-related activities where the 4th amendment is not applicable. • What is curtilage? • Only the home and "curtilage" are protected from warrantless search. • The curtilage is the area of close proximity to the home. • The curtilage of the home is protected under the 4th Amendment.

10. Identify search-related activities where the 4th amendment is not applicable. • To determine whether an area is curtilage, the courts look at the following four factors: • The proximity of the area to the home. • Whether or not the area is enclosed in some fashion. • The use of the area; if it used for personal family reasons, it is more likely to be seen as curtilage. • Steps taken by the owner to prevent the area to be observed by people walking by.

13. Identify search-related activities where the 4th amendment is not applicable. • Compare "open fields" to curtilage where the 4th amendment does apply • No search warrant is required to search a place open to the public, except where there is a "reasonable expectation of privacy“ ie: Curtilage. • Open fields, although privately owned, fenced and even posted "No Trespassing," are not such as gives the person in possession areasonable expectation of privacy.

15. Identify search-related activities where the 4th amendment is not applicable. • Compare "open view" to "plain view" and how it relates to search and seizure law. • The Plain View doctrine allows officers to seize items so long as the officer has the legal authority to be where the items are seen and they are illegal on their face. • The Open Fields doctrine is intended to cover items that are within public access of all persons and not covered by curtilage.

16. Identify search-related activities where the 4th amendment is not applicable. • The use of the Plain View doctrine or Open Fields doctrine does not violate the Fourth Amendment rights of individuals.

18. Identify search-related activities where the 4th amendment is not applicable. • Complete an analysis of several search-related activities and document in a written analysis paper

19. End II-A-5 Identify search-related activities where the 4th amendment is not applicable.