People v. Bruno
ISSUE: WHETHER THE GOVERNMENT WILL
BE ABLE RIGHTFULLY PERMITTED TO
INTRODUCE EVIDENCE AGAINST BRUNO
What is the Rule?
4 TH A M E N D M E N T
SEARCH AND SEIZURE
Why the need for a Warrant
 Court doesn’t want “only
in the discretion of the
police.”
 Not incident to arrest
 Not hot pursuit
 Not pursuant to the
suspect’s consent.
What was Searched?
- CAR
- PERSON
- HOME
What was Seized from the car?
1. CHLOROFORM
2. DUCT TAPE
3. WIG
4. SUN GLASSES
5. MAP, WITH WRITING
6. NAME OF SCHOOL
7. RENTAL RECEIPT
8. AUDIO RECORDING
1. CLOTHES LINE
2. CHAIN LADDER
What was Seized from the
Persons?
NOTHING
What was Seized from the
Home?
1 . Headlines cut out of
magazines
2 . Movies about kidnapping
3 . Turner wearing a blond wig
and glasses
4 . Writing – 1 million to much?
Time to get a million, Space,
and extradition treaties with
US.
Did the Police NEED a warrant?
“HAD AN ABUNDANCE OF INFORMATION AND
TIME TO SWEAR OUT A VALID [SEARCH]
WARRANT, HE FAILED TO DO SO.” – SEARCH
AND SEIZURE UNLAWFUL
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 enclosed
 Is 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 store
 Substance 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.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Recorded conversation
Zippered Bag
Chloroform
Duct Tape
Wig
Sunglasses
Map of home with – K’s room, T’s
room, & B’s room
Name of school & release time
Rental receipt of cabin
Movies & Headlines
Picture of T wearing a wig and glasses
Notebook with writing
Statement of cabin owner.
What do you conclude?
DID THE POLICE NEED A SEARCH WARRANT?
AT WHAT POINT SHOULD A WARRANT
SEARCH HAVE BEEN ISSUED?