ISSUE: WHETHER THE GOVERNMENT WILL BE ABLE RIGHTFULLY PERMITTED TO

INTRODUCE EVIDENCE AGAINST BRUNO

People v. Bruno

4T H AMENDMENT

SEARCH AND SEIZURE

What is the Rule?

Why the need for a Warrant

Court doesn’t want “only in the discretion of the police.”

Not incident to arrestNot hot pursuitNot pursuant to the

suspect’s consent.

- CAR

- PERSON

- HOME

What was Searched?

1. CHLOROFORM2. DUCT TAPE3. WIG4. SUN GLASSES5. MAP, WITH WRITING6. NAME OF SCHOOL7. RENTAL RECEIPT 8. AUDIO RECORDING

9. CLOTHES LINE10.CHAIN LADDER

What was Seized from the car?

NOTHING

What was Seized from the Persons?

1. Headlines cut out of magazines

2. Movies about kidnapping3. Turner wearing a blond wig

and glasses4. Writing – 1 million to much?

Time to get a million, Space, and extradition treaties with US.

What was Seized from the Home?

“HAD AN ABUNDANCE OF INFORMATION AND TIME TO SWEAR OUT A VALID

[SEARCH] WARRANT, HE FAILED TO DO SO.” – SEARCH AND SEIZURE UNLAWFUL

Did the Police NEED a warrant?

Question 1

Why do you think the police can or cannot use the bidrectional microphone to listen in on the conversation between Bruno and his girlfriend? Do they have good grounds to listen in on the conversation?, Why or why not?

Is the car enclosedIs there an expectation of

privacy?

Question 2

When Mary said “I told you it would never work out” was that an admission of her guilt in the alleged crime, if not, why not?

Do we know what she was talking about?

What could she have been talking about?

Question 3

Does Bruno have any defenses for being arrested for having a controlled substance (chlorofom), if so what are they?

Liquor storeSubstance no longer

available to the general public (2007)

Carroll v. US – under legal arrest what is found on you or in your control that is unlawful and can be used to prove offense may be seized and held.

Question 4

Is there any relevance to Bruno being arrested previously for fraud charges?

Arrested not convicted

Question 5

Can Officers Alvarez and Thomas follow Bruno from the time he left his job at a drug store near where the Boston’s lived, or does that violate any of Bruno’s rights?

Did they do anything besides follow?

What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment Protection

Question 6

Did Tommy and Mary expose themselves in violation of the municipal ordinance on lewd conduct? Why or Why Not?

Constitutional?

“expose one’s self in public or commit lewd conduct in public”

Question 7

Do the officers have the right to search for anything in the auto? Once they find the black zippered bag can they open it? Why or Why Not?

What was the probable cause?

Why did the police approach the couple?

Question 8

Can the police open the truck of the auto and make a search of it at the police station? Why or Why not?

Chambers - Auto

Question 9

Can the police search Turner’s room where she is a live-in baby sitter, without her consent, or do they need a search warrant first? Why or Why not?

Whose home was it?Did the Police have

permission to enter? To Search?

Is it reasonable for Turner to have a sense of privacy in the room?

Question 10

What of all the pieces of the evidence is the most damaging piece of evidence against Bruno, and his girlfriend? Why?

1. Recorded conversation2. Zippered Bag3. Chloroform4. Duct Tape5. Wig6. Sunglasses7. Map of home with – K’s room, T’s

room, & B’s room8. Name of school & release time9. Rental receipt of cabin10. Movies & Headlines11. Picture of T wearing a wig and

glasses12. Notebook with writing13. Statement of cabin owner.

DID THE POLICE NEED A SEARCH WARRANT?

AT WHAT POINT SHOULD A WARRANT SEARCH HAVE BEEN ISSUED?

What do you conclude?