4th Am Search & Seizure Flashcards
What are the 5global issues to a 4th Am Search and Seizure analysis?
1) Whether a search/seizure is governed by the 4th Am;
2) Whether the person has standing to challenge the gov’ts conduct;
3) Whether a search/seizure conducted WITH a warrant satisfies the 4th Am reqs;
4) Whether a search/seizure conducted WITHOUT a warrant satisfies the 4th Am reqs (i.e. warrantless searches); AND
5) Whether evidence is admissible in ct EVEN IF the evidence is obtained thru a violation of the 4th Am?
When is a search or seizure governed by the 4th Am?
A search/seizure is governed by the 4th Am when…
1) It’s conducted by a gov’t agent;
2) The search/seizure was in an area protected by the 4th Am;
3) The gov’t agent EITHER: (i) PHYSICALLY INTRUDED on a protected area/item to obtain information (e.g. GPS tracking device on a car); OR (ii) VIOLATED an individual’s reasonable expectation of privacy in a protected area/item;
4) The individual had “standing” to challenge
When does a person have standing to challenge a search/seizure under the 4th Am? NOTE: NY Distinction
To have standing, an individual’s PERSONAL privacy rights must be invaded; NOT just those of a 3d party
Standing EXISTS when…
1) they OWN the premises
2) they RESIDE on the premises
3) they are overnight GUESTS on the premises (provided the area is one that guests can be expected to access)
Standing DOES NOT EXIST when…
1) they are using someone else’s residence SOLELY for business purposes (e.g. a drug house)
2) they own the property seized, BUT no reasonable expectation of privacy in the AREA from where the property was seized (e.g. no go for man who hides his drugs in girl’s purse)
3) they are passengers in cars and there is a search of the car
NY DISTINCTION: there IS STANDING if they are passengers in a car and weapons found in the car are being attributed to them
When is the 4th Am warrant req satisfied? NOTE: NY Distinction
To satsify the 4th Am…
1) the warrant must be issued by a neutral and detached magistrate
2) the warrant must be supported by probable cause and particularity
3) IF the warrant is DEFECTIVE, the police officers relied on defective warrant in “good faith”
4) the warrant was properly executed by the police
What are the 8 exceptions to the warrant requirement of the 4th Am?
“ESCAPIST”
1) Exigent circumstance
2) Search incident to arrest
3) Consent
4) Automobile
5) Plain view
6) Inventory
7) Special needs
8) Terry “stop and frisk”
What is the”exigent circumstances”exception to the warrant requirement of the 4th Am?
3 types of situations that DON’T req warrants…
1) Evanescent evidence: evidence that would DISSIPATE or DISAPPEAR in the time it would take to get a warrant (e.g. scraping under fingernails, NOT dissipation of alcohol in bloodstream)
2) Hot pursuit of fleeing felon: allows police to enter the home of a suspectOR a 3d party to search for a FLEEING felon
3) “Emergency aid” exception: Police may enter a residence w/o a warrant when there is an OBJECTIVELY reasonable basis for believing that a person inside is in need of EMERGENCY AID to address or prevent injury
What are 4reqs for the”search incident to arrest”exception to the warrant requirement of the 4th Am? How do you deal with automobiles? NOTE: NY Distinction
To be valid, reqs…
1) A valid/lawful arrest (“custodial arrest”)
2) Justifications of officer safety and the need to preserve evidence
3) The search must be contemporaneous in time AND place w/ the arrest
4) The search must be w/in the “wingspan” (i.e. body, clothing, and containers w/in the arrestee’s immediate cntrl)
NY DISTINCTION: to search containers w/in the wingspan, an officer MUST suspect that the arrestee is ARMED
5) Automobiles:
Permissible scope = the interior cabin of the car (and closed containers therein), BUT not the trunk
“Secured” arrestee: once an officer has secured an arrestee (i.e. handcuffed and put in back of squad car), the officer can search the arrestee’s vehicle ONLY if she has reason to believe that the vehicle may contain evidence relating to the crime for which the arrest was made
NY DISTINCTION: once the occupant is out of the car, police CANNOT search containers inside the vehicle to look for weapons or evidence of crime
What are 2reqs for the”consent”exception to the warrant requirement of the 4th Am?
To be valid…
1) the consent must be VOLUNTARY and INTELLIGENT
NOTE: police officers are NOT req’d to tell someone that she has the right to refuse consent
2) the search must extend ONLY TO those areas that a reasonable officer would believe he had permission
NOTE re: “apparent authority”: if a police officer obtains consent to search from someone who lacks actual authority, the consent is STILL VALID provided the officer reasonably believed that the consenting person had “actual authority” (e.g. they have a key to an apt and says that it’s “our” apt)
NOTE re: shared premises: when adults share a residence, ANY resident can consent to search of the COMMON AREAS BUT, if the co-tenants DISAGREE re: consent, the objecting party prevails (for shared areas)
What are 2reqs for the”automobile”exception to the warrant requirement of the 4th Am?
To be valid…
1) the police officer must have PC to believe that CONTRABAND or EVIDENCE of crime will be found in the vehicle;
2) the search scope = the entire vehicle by opening ANY package, luggage, or other container that may REASONABLY CONTAIN the items for which the PC exists
Justifications: vehicles’ ready mobility and individuals’ lesser expectations of privacy in vehicles
NOTE: a routine traffic stop can MORPH into a full auto search SO LONG AS the officer acq’s PC BEFORE the search is initiated
What are 3reqs for the”plain view”exception to the warrant requirement of the 4th Am?
To be valid…
1) the officer must have lawful access to the PLACE from which the item can be plainly seen;
2) the officer must have lawful access to the ITEM itself; AND
3) the criminality of the item must be IMMEDIATELY apparent
What are 3reqs for the”inventory”exception to the warrant requirement of the 4th Am?
For an inventory search to be const…
1) the regulations governing them must be REASONABLE in scope;
2) the search ITSELF must comply w/ those regulations; AND
3) the search must be conducted in GOOD FAITH (i.e. be motivated ONLY BY the need to safeguard the owner’s possessions and/or ensure officer safety)
NOTE: inventory searchs apply in 2 contexts: (i) when an ARRESTEE is booked into jail; AND (ii) when a VEHICLE is impounded
What are 4 “special needs” exceptions to the 4th Am warrant requirement?
1) Drug Testing: SCOTUS has approved warrantless, random drug tests in a variety of contexts, including: (i) railroad emps following an accident; (ii) customs agents responsible for drug enfocement; AND (iii) public school children who participate in ANY extracurricular activity
2) Parolees: warrantless, SUSPICIONLESS searches of parolees and his home are permissible as a condition of parole
3) School searches: warrantless searches of the person and the “effects” (purses, backpacks, etc) of public schoolchildren are permissible to investigate violations of school rules (e.g. no smoking on school grounds), PROVIDED ea. search is based on reasonable suspicion at its inception and is NOT excessively intrusive (i.e. not a strip search)
4) Border searches: neither citizens nor non-citizens have ANY 4th Am rights AT THE BORDER wrt ROUTINE searches of persons and effects
What is a Terry stop?NOTE: NY Distinction
It is a brief WARRANTLESS detention (“seizure”) based on REASONABLE SUSPECION (specific and articulable facts) thatCRIMINAL ACTIVITY is present
Terry stops can take place ANYWHERE (e.g., on the street, in a car, at the airport, etc)
NOTE: Reasonable suspicion std can be met via informant tip; PROVIDED the tip contains sufficient predictive info, which is corrorborated by the police, to est. the informant’s reliability When does “seizure” occur?
What is a Terry frisk?NOTE: NY Distinction
It is a WARRANTLESS pat down of the body and outer clothing for weapons based on a REASONABLE SUSPICION that the suspect is ARMED and DANGEROUS
NOTE: Reasonable suspecion std can be met via informant tip; PROVIDED the tip contains sufficient predictive info, which is corrorborated by the police, to est. the informant’s reliability
What can be seized?
(i) Anything reasonably believed to be a weapon
(ii) Contraband; PROVIDED it can be recognized w/o manipulation of the object (e.g. licking to seek if coke)
NY DISTINCTION: an officer can seize an item ONLY IF it reasonably appears to be a weapon (i.e. CAN’T seize contraband)
“Car Frisks”: an officer can search the passenger cabin of the suspect’s vehicle; PROVIDED the search is ltd to areas in which a weapon may be placed or hidden and officers believes suspect is dangerous
“Protective sweeps” during home arrests: officer may “sweep” the residence looking for criminal confederates of the arrestee whose presence may threaten officer safety
What is the exclsionary rule for evidence obtained from an unconst search/seizure under the 4th Am (as well as its 4 ltds)?
General rule = Evidence, whether physical or testimonial, that is obtained in violation of federal statute or const. prvn is INADMISSABLE in ct against the individual whose rights were violated
LIMITATIONS to the exclusionary rule
1) Cross examination: unconst obtained evidence is excluded from the prosecutor’s case in chief ONLY; it MAY be introduced to impeach ∆’s testimony on cross-examination
2) “Knock and announce” violations: do NOT require the supression of evidence that is subsequently discovered
3) Police error: to trigger exclusionary rule, police conduct must be (i) deliberate; (ii) reckless; OR (iii) grossly negl. (i.e. merely negl. behavior is NOT sufficient)
4) Officer’s reasonable mistake: exclusionary rule does NOT apply to evidence erroneously obtained when executing a search warrant (PROVIDED the mistake was reasonable)
