1. Arrest (4A)

Question 1

What is the purpose of the Fourth Amendment?

Answer 1

Grant freedom to people from unreasonable search + seizures

• Search: Governmental intrusion into person’s area with reasonable + justifiable expectation of privacy
• Seizure: Governmental control over person/object
• Reasonableness: Depends on circumstances

Question 2

What is required for seizure?

Answer 2

1) Reasonable person would not feel free to decline officer’s requests/terminate encounter
- Threatening presence of several officers
- Display of weapons
- Physical touching of D
- Indication that compliance with request is an order

2) Under totality of circumstances
3) Officer’s physical application of force/D’s submission to such force

Question 3

What is an arrest?

Answer 3

Police takes person into custody against his own will for purposes of prosecution/interrogation

Question 4

What is required for arrest?

Answer 4

Probable cause

• Trustworthy knowledge sufficient for reasonable person to believe suspect committed crime for which arrest is authorised by law
• Totality of circumstances

Question 5

Can an arrest still be made based on a mistaken offence?

Answer 5

If there are other grounds for probable cause

Question 6

When does an arrest require warrant?

Answer 6

Non-emergency arrest at D’s home only

• NOT emergency arrest
• NOT public place
• NOT exigent circumstances
• NOT misdemeanor arrest
• NOT consent to enter home

Question 7

Can detention still be made if invalidly made?

Answer 7

If there are other grounds for probable cause
- BUT Police can NOT use fruit obtained from invalid arrest in court (exclusionary rule)

D cannot use invalid arrest as defence to crime charged

Question 8

What is required for investigatory detention?

Answer 8

Stop (detain)

1) Reasonable suspicion of criminal activity/involvement in completed crime
2) Articulable facts
3) Reasonable person would not feel free to decline officer’s requests/terminate encounter (under totality of circumstances)

Frisk (search for weapons)

1) Reasonable suspicion Detainee is armed + dangerous
2) Articulable facts

Question 9

What is required for reasonable suspicion?

Answer 9

1) More than vague suspicion (totality of circumstances)

2) Reliable source
- Police officer’s personal knowledge
- Flyer
- Police bulletin
- Informant’s tip (indicia of reliability; predictive information)

Question 10

What happens if probable cause arises during investigatory detention?

Answer 10

Police can make arrest

Question 11

What is required for automobile stop?

Answer 11

Reasonable suspicion

NO reasonable suspicion (special law enforcement needs)

1) Stop cars on ‘neutral + articulable standard’
2) Serve closely related purpose to particular problem re automobile + mobility

Question 12

What are good examples of automobile stops?

Answer 12

Drink driving search

Alien trafficking search

Informational search

Violation of traffic law (probable cause) (pretext stop)

NOT illegal drug search

Question 13

Who does automobile stop apply to?

Answer 13

Driver

Passenger
- Can have standing vs wrongful stop

Question 14

What is required for detention of suspect while obtaining warrant?

Answer 14

Probable cause (suspect hid drugs in home)
- Prevent suspect entering home

Question 15

What is required for detention of suspect while searching his home for contraband?

Answer 15

Valid warrant

Question 16

What is required for seizure of person (subpoena) to make appearance in grand jury?

Answer 16

Nothing

• Not covered by 4A
• No probable cause/reasonable suspicion required
• Unreasonable appearance allowed