CITP EXAM 3 - government knows or acquiesce in the private ac...

CITP EXAM 3

Recognize when the fourth amendment applies to government actions - 1. Whether the government knows or acquiesce in the private actor's conduct

• whether the private party intents to assist law enforcement officers at the time of the

search

• whether the government affirmatively encourages, initiates, or participates in the

private action Identify situations when a reasonable expectation of privacy exists - >The individual must have exhibited an actual expectation of privacy >The expectation must be one the society (as determined by the Supreme Court) is prepared to recognize as reasonable Common search areas without REP - the body (except inside the body) passengers do not have REP but their stuff does Open Fields even if there are 'no trespassing signs' Government workplaces - REP could exist depending on prior notice (computer banners of limited or no REP), common practices, openness and accessibility of the area, whether the position of the employee requires special trust and confidence, whether the employee waived REP through bargaining process >Abandoned Property Methods and Devices for searches - >Canine Sniffs - luggage in a public space has no REP >Sensory Enhancements - use of lights at night does not create a 'search' if otherwise visible in daylight; thermal imaging would be considered a search >Aircraft Overflights - what is visible to the naked eye does not have REP >Cell Site Location Information - conversations do not have REP when using naked ears Identify actions that may be taken when reasonable suspicion exists - 1. a consensual encounter

• Investigative detention
• Terry Frisk

a consensual encounter - a hunch or mere suspicion (not a seizure) brief voluntary encounter between a law enforcement officer and an individual an officer may ask questions even incriminating ones the officer may request (not demand) to see ID the officer may ID him/herself and display credentials the officer may seek consent for a search or frisk investigative detentions - Reasonable suspicion criminal activity is afoot 1 / 2

• reasonable suspicion - could be collective knowledge from other LEOs; personal

observations; quality or quantity of a tip

• criminal activity is afoot - crime is about to be/has been/is being committed

whats a terry frisk - RSPAAD detention the officer must reasonably suspect that the person is presently armed and dangerous plain touch doctrine to seize evidence - discovery must be lawful; item must be immediately apparent to the officer without manipulation frisks of vehicles can be unlocked containers/entire passenger compartment cannot frisk the trunk arrest can happen if - PC exists radicalization - process by which individuals come to believe that their engagement in or facilitation extremist movement - consists of individuals working together to advance their shared political, social, or artistic ideas/following an extremist ideology without an organization Violent Extremists - individuals mobilized to plan, support, and conduct violent illegal behavior in furtherance of their extremist ideology Domestic Violent Extremist - AKA Domestic Terrorist A U.S.based individual, who has radicalized to a domestic extremist belief in the U.S., whether a follower or member of a movement or group without inspiration, influence, or direction from any FTO, and who has "mobilized" by planning and preparing to support or conduct violent illegal behavior in furtherance of their extremist ideology Homegrown violent extremist - a person of an citizenship who lives or operates primarily in the US or its territories who: advocates, engages in, or is preparing to engage in or support terrorist activities in furtherance of a foreign terrorist organization's objectives; who is acting independently of foreign terrorist direction.HVE Foreign Fighter - a person of any citizenship who lives or operates primarily in the US or its territories who advocates and is preparing to engage in or support terrorist activities in furtherance of a foreign terrorist orgs Lone Offender - An individual motivated by one or more extremist ideologies, who operates alone to support or engaged in acts of unlawful violence in furtherance of that ideology or ideologies Anti-Terrorism - Defensive measures used to reduce the vulnerability of individuals

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