How to Analyze 4th Amendment Searches and Seizures of Evidence on a Criminal Procedure Essay

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00:00 Fourth Amendment Search Basics
The Fourth Amendment protects against unreasonable government searches and seizures, and evidentiary searches generally require a warrant unless an exception applies.

01:44 Government Agent Requirement
A search triggers the Fourth Amendment only if performed by a government agent, not a private individual.

02:50 What Counts as a Search
A Fourth Amendment search is a physical intrusion into a constitutionally protected area where there’s a reasonable expectation of privacy.

06:00 Protected vs. Unprotected Areas
Homes, hotel rooms, offices, and luggage are protected, while abandoned property, open fields, and anything visible from public space are not.

07:10 Technology and Privacy
Police may use publicly available tools like binoculars without triggering a search, but specialized devices not available to the public can constitute a search.

08:37 Open Fields Doctrine
Open fields are not constitutionally protected, even if fenced, while curtilage and residential areas are.

12:42 The Warrant Requirement
If a government agent intrudes into a protected area, a valid search warrant is generally required.

13:34 Valid Search Warrant Elements
A valid warrant must be issued by a neutral magistrate, based on probable cause, and describe the place and items with specificity.

16:28 Proper Execution of a Warrant
Execution must be timely, generally include knock-and-announce, and stay within the scope of the warrant.

20:02 Four-Step Analysis Recap
Confirm a government agent, determine intrusion into a protected area, check for a valid warrant, and ensure proper execution—otherwise, look for applicable exceptions.

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