Crim Pro: IV violation and the Reasonable Expectation Test

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Crim Pro: IV violation and the Reasonable Expectation Test

Postby desperate4lawschool » Wed Dec 08, 2010 2:19 pm

I'm still confused about how everything ties in under the IV. If someone can describe a flowchart, I think that would help tremendously. the way I understand it right now is:

1) Determine if seizure or search. (if not seizure/search, then IV cannot apply) -----But how do you determine if something is a seizure or search?

2) Determine if seizure or search is reasonable.--------Is this where the reasonable expectation test kicks in? (a) If person has exhibited an actual subjective expectation of privacy; and (b) if that expectation is one that society is willing to recognize as reasonable/legitimate. Are all the scenarios of (pen registers, trash, thermal imaging, etc.) examples of (a) and (b) or whether there's a search/seizure. My book/court opinions seem to be all over the place and seem to use all those terms interchangeably.

Also, where does the warrant inquiry come in? Also in the determination of whether the search/seizure is reasonable? if a valid warrant is issued, then the search/seizure is per se reasonable, thus valid?

If you can help me out with your analysis, that would be greatly appreciated.

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