4A

Question 1

4A in general

Answer 1

People are free in their persons from UNREASONABLE searches and seizures by the government (inc.. private citizens acting at direction of PO, security guards w/power to arrest, public school administrators)

Question 2

Seizure

Answer 2

Occurs when someone wouldn’t reasonably believe that he was free to decline the offeror’s request or otherwise terminate the offer; need physical application of force

Question 3

Arrests

Answer 3

Requires probable cause (knowledge of reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe suspect has committed or is committing crime allowing arrest); warrant not required in public place; mistake is ok

Question 4

Home Arrests

Answer 4

Require warrant unless its an emergency; may enter home only if reasonable belief that subject is in it

Question 5

Misdemeanor v. felony arrest

Answer 5

PO may arrest person w/o warrant if she has PC to believe felony has been committed; PO may arrest for a misdemeanor w/o warrant if it was committed in her presence

Question 6

Effect of invalid arrest

Answer 6

unlawful arrest ALONE has no impact on criminal prosecution, but evidence that is fruit of unlawful arrest cannot be used in trial against D

Question 7

Stop & Frisk Seizures

Answer 7

PO can briefly detain a person even w/o PC if they have reasonable suspicion supported by articulable facts; can frisk if they believe detainee is armed and dangerous

Question 8

Reasonable Suspicion

Answer 8

Totality of circumstances test; < PC; can come from informant if there’s indicia of reliability

Question 9

Automobile Stops

Answer 9

Seizure of both driver and passenger; PO must have at least reasonable suspicion to believe that law has been violated unless there are special law enforcement needs requiring roadblocks; pretextual stop OK if has PC to believe something has been violated

Question 10

Automobile Stops: Roadblocks

Answer 10

(1) Must be on basis of some neutral, articulable std and (2) be designated to serve purposes closely related to a particular problem pertaining to automobiles and their mobility

Question 11

Automobile Searching

Answer 11

Can search passenger compartment after ordering occupants out of car; can frisk detainee if beleived to be armed and dangerous

Question 12

Deadly Force by PO

Answer 12

Prohibits use of deadly force unless it is reasonable to do so under the circumstances

Question 13

Evidentiary Search and Seizure

Answer 13

Must also be reasonable under 4A; police must have generally obtained a warrant unless it falls within one of the 6 exceptions to the warrant requirement

Question 14

Reasonable expectation of privacy

Answer 14

Must be constitutionally protected area in which individual had reasonable expetation of privacy or physical intrusion by go into a constitutionally protected area to obtain information

Question 15

Reasonable expectation of privacy: Standing

Answer 15

Must be person’s own reasonable expectation: (1) owned or had right to possession; (2) place searched was in act her home; (3) Overnight guest of the owner

Question 16

Reasonable expectation of privacy: Things held out to public

Answer 16

No reasonable expection in: sound of one’s own voice, handwriting, paint on outside of car, smell of luggage or car, account records in bank, mags offered for sale, open fieeds, flyovers,
Reasonable expectation in: squeezing luggage, long dog sniffs at traffic stops or dog sniffs in curtlidge of home, car (no putting GPS on there)

Question 17

Warrant Requirement

Answer 17

Must (1) be issued by a neutral and detached magistrate (2) be based on PC (3) particularly describe place to be searched and items to be seized

• Evidence seized in reasonable reliance on facially valid warrant can be used even if it warrant was ultimately invalid
• SEARCH IS LTD TO THE SCOPE

Question 18

Knock and Announce

Answer 18

Generally, PO executing search warrant must knock and announce her authority and purpose and await admittance for a reasonable time or be refused admittance to use force; not required if it would inhibit investigation or be futile

Question 19

6 Exceptions to the Warrant Requriement

Answer 19

(1) Search incident to CONSTITUTIONAL arrest; (2) Automobile exception; (3) Plain view (4) Consent (5) Stop & Frisk (6) Hot pursuit, fleeting evidence, emergencies

Question 20

Search incident to lawful arrest - cars

Answer 20

After arresting the occupant of a car, police may search the interior of the auto incident to the arrest if at the time of the search, (1) the arrestee is unseucred and may still gain access to inside the car of (2) police reasonably believe evidence of the offense for which person was arrested may be found in vehicle

Question 21

Search incident to lawful arrest - technological searches

Answer 21

PO can search breathalyzer (but not bac test), physical attributes of cell phone

Question 22

Automobile Exception

Answer 22

If the police have probable cause to believe that a vehicle such as an automobile contains contraband or fruits of a crime, they may search the vehicle w/o a warrant (limited to stuff that would contain the object – including trunk1); extends to driver’s belongings and passenger’s belongings

Question 23

Plain view

Answer 23

PO can make arrest if (1) legitimately on the premises; (2) discover evidence of crime or contraband (3) evidence is in plain view and (4) have probable cause to believe item is evidence of crime

Question 24

Consent

Answer 24

Must have apparent (i.e., they look like they occupy the premises) or actual authority to consent and must be voluntary

Question 25

Stop & Frisk

Answer 25

PO may stop a person w/o PC if reasonable suspicion of criminal activity; if reasonably belief of armed and presently dangerous, she may conduct a protective frisk

Question 26

Hot pursuit, exigent circs, evanescent evid, other emergencies

Answer 26

Fleeing felon, destruction of evidene emergency aid

Question 27

Public school searches

Answer 27

Warrant not required for searches conducted by public school officials; only reaosnable grounds for the search are necessary. Exception is justified due to the nature of the school environment. Search must be reasonably related to objectives of search and not excessively intrusive in light of offense

Question 28

Drug testing

Answer 28

Government required drug testing is Ok when justified by special needs beyond the gneeral interest of law enforcement

Question 29

Searches in foreign countries

Answer 29

4A doesnt apply to aliens in foreign countries

Question 30

Searches at the border

Answer 30

Rover patrols: may stop if reasonabel suspicion of illegal aliens, but no search
Fixed checkpoints: stopping cars w/o reasonable suspicion allowed

Question 31

Wiretapping

Answer 31

Warrant required; to get warrant, need PC to believe that speciifc crims is committed, suspected persons whose conversations are to be overheard must be named, warrant must describe conversations that can be overheard