4A Flashcards
4A in general
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)
Seizure
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
Arrests
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
Home Arrests
Require warrant unless its an emergency; may enter home only if reasonable belief that subject is in it
Misdemeanor v. felony arrest
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
Effect of invalid arrest
unlawful arrest ALONE has no impact on criminal prosecution, but evidence that is fruit of unlawful arrest cannot be used in trial against D
Stop & Frisk Seizures
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
Reasonable Suspicion
Totality of circumstances test; < PC; can come from informant if there’s indicia of reliability
Automobile Stops
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
Automobile Stops: Roadblocks
(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
Automobile Searching
Can search passenger compartment after ordering occupants out of car; can frisk detainee if beleived to be armed and dangerous
Deadly Force by PO
Prohibits use of deadly force unless it is reasonable to do so under the circumstances
Evidentiary Search and Seizure
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
Reasonable expectation of privacy
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
Reasonable expectation of privacy: Standing
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
Reasonable expectation of privacy: Things held out to public
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)
Warrant Requirement
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
Knock and Announce
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
6 Exceptions to the Warrant Requriement
(1) Search incident to CONSTITUTIONAL arrest; (2) Automobile exception; (3) Plain view (4) Consent (5) Stop & Frisk (6) Hot pursuit, fleeting evidence, emergencies
Search incident to lawful arrest - cars
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
Search incident to lawful arrest - technological searches
PO can search breathalyzer (but not bac test), physical attributes of cell phone
Automobile Exception
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
Plain view
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
Consent
Must have apparent (i.e., they look like they occupy the premises) or actual authority to consent and must be voluntary
Stop & Frisk
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
Hot pursuit, exigent circs, evanescent evid, other emergencies
Fleeing felon, destruction of evidene emergency aid
Public school searches
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
Drug testing
Government required drug testing is Ok when justified by special needs beyond the gneeral interest of law enforcement
Searches in foreign countries
4A doesnt apply to aliens in foreign countries
Searches at the border
Rover patrols: may stop if reasonabel suspicion of illegal aliens, but no search
Fixed checkpoints: stopping cars w/o reasonable suspicion allowed
Wiretapping
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