4A - Arrests & Detentions Flashcards
4A provides for the right of people to _______
- be secure in their persons, houses, papers, and effects
- against unreasonable searches & seizures
- & no warrants shall issue
- but upon probable cause
- supported by oath or affirmation
- and particularly describing the place to be searched/persons or things to be seized
What constitutes a seizure under 4A?
A seizure occurs when, under totality of the circumstances, a reasonable person would feel that they were not free to decline the officer’s request/terminate the encounter. (e.g., arrest)
What is an arrest? What req’s must an arrest meet to be lawful under 4A?
An arrest occurs when police take someone into custody against their will for purposes of criminal prosecution or interrogation/fingerprinting.
An arrest MUST be based on probable cause = trustworthy facts of knowledge sufficient for a reasonable person to believe that the suspect committed or is committing a crime, for which arrest is authorized.
Arrest does NOT necessarily require a warrant. If arrest is in public, NO warrant req’d. If arrest is in home + nonemergency arrest, then a warrant IS req’d. (and may only enter suspect’s home if there is reason to believe they are inside, if all they have is a warrant for arrest).
What is required for a Terry stop to be lawful?
A Terry stop occurs when an officer briefly detains someone to investigate a/a possible crime. These are seizures that fall under the 4A.
In order for the stop to be reasonable, the cops must have a reasonable suspicion of criminal activity or involvement in a completed crime supported by articulable facts. So, < probably cause but > mere hunch.
May frisk detainee for weapons IF they have reasonable suspicion that person is armed & dangerous.
Duration & scope must be reasonable - i.e. police must act in diligent & reasonable manner in confirming or dispelling their suspicions
What is req’d if cops base Terry stop’s reasonable suspicion on an informant’s tip?
need to have indicia of reliability wrt informant
When may a cop stop a car?
When they have reasonable suspicion to believe that a law has been violated.
Is a dog sniff outside a car considered a search under 4A?
No - do not need probable cause to allow dog to sniff outside of car AND can use evidence from dog alert to get probable cause. BUT cannot use dog outside of home w/o probable cuase.
Will a cop’s mistake of law invalidate an otherwise lawful stop? (e.g. car must have two working break lights)
No, as along as mistake was reasonable.
Do non-drivers in car have standing to bring 4A claims against cop?
Generally, yes.
What must be true of an informational checkpoint or roadblock for it to constitute a lawful stop on the 4A?
Must (1) stop cars on the basis of some neutral, articulable standard (e.g. every 5th car), AND (2) be designed to serve purposes closely related to a particular problem pertaining to automobiles or their mobility (e.g. drunk driving).
Note: can NOT be a roadblock for purposes of investigating ordinary criminal activity, e.g. searching for drugs
Can officer order occupants of car out of car? frisk?
If stop is lawful, yes. May frisk/search car if reasonably believes they are armed.
Are pretextual stops lawful?
Yes, if officer has probably cause to believe driver/occupant violated traffic law can stop based on pretext (e.g. running stop sign) to investigate a different crime for which they do not have PC.
When may a cop use deadly force on someone?
using deadly force is a seizure under 4A protection. Cop may only use deadly force when it is reasonable to do so under the circumstances.
Is seizure by subpoena for grand jury proceeding covered by 4A?
No
When can officer detain someone during/before search of their home?
If (a) officer has probable cause to believe suspect has hidden drugs/contraband in home they may for a reasonable time prevent the person from entering home unaccompanied to prevent destruction of contraband while they obtain search warrant;
and (b) if they have valid search warrant to search for contraband can detain person while they search
