4th Amend.

Question 1

Definition

Answer 1

Protects citizens from UNREASONABLE Searches & Seizures

Question 2

Arrests & Detentions

Answer 2

(1) An arrest MUST be based on PC (any arrest)
(2) Arrest warrants are generally NOT required before arresting someone in a PUBLIC PLACE
(3) However, a non-emergency arrest of an individual IN HIS HOME DOES REQUIRE an arrest warrant
(4) Station House Detention: The police need PC to arrest you & compel you to come to the police station either for fingerprinting or interrogation

Question 3

Terry Stops

Answer 3

• MUST have Reasonable articulable facts of criminal activity
• Totality of circumstances
• Automobile stops: Police may stop a car if they have at least reasonable suspicion that law has been violated

EXCEPTION:
-Check point roadblocks, DUI, Border (neutrally applied)

Question 4

SEARCH & SEIZURE (5 Steps)

Answer 4

(1) Governmental Conduct?
- The publicly paid police on or off duty
- ANY private individual ACTING at the DIRECTION of the public police (deputized)

(2) Reasonable Expectation of Privacy?
- Auto categories of standing: Own premises searched; Live on premises searched; OVERNIGHT GUESTS HAVE standing to object to legality of search
- NO STANDING Categories: Hold out to public, Voice, Handwriting, Paint on outside of car, Accounts held by bank, Monitoring location of your car on public st. or driveway, Open fields, Public airspace, odors, garbage SET OUT on CURB for collection

(3) Did the Police have a valid search warrant?
- NEED PC (fair probability) & Particularity (place and thing)
- Totality of circumstances, Informants (in part anonymous)

(4) If the warrant is NOT valid, does an officer’s good faith defense save the defective search warrant?
- 4 EXCEPTIONS: Affidavit is lacking in PC, Lacking in Particularity, Lied to or misled, Magistrate is biased

(5) If warrant is INVALID & cannot be saved by good faith defense or if police never had any warrant at all THEN EXCEPTIONS to WARRANT REQ.

Question 5

EXCEPTIONS (Step 5) to Warrantless Searches

Answer 5

(5) If warrant is INVALID & cannot be saved by good faith defense or if police never had any warrant at all THEN EXCEPTIONS to WARRANT REQ.
- SIA = Arrest must be lawful & contemporaneous in time and place, wingspan scope

-Gant Rule = SIA & Automobiles: Police may search the INTERIOR of the Auto incident to arrest ONLY IF:
-Arrestee is UNSECURED and still may gain access
OR
-Police reasonably believe that evid. of the offense for which the person was arrested may be found in the vehicle

• Automobile exception = MUST have PC
  
  • IF BUT only IF before searching anything or anybody the police have PC then they can search the ENTIRE CAR (includes trunk) AND container that could reasonably contain an item
• Plain View = Officer MUST be legitimately present and it MUST be immediately apparent
• Consent = MUST be voluntary and 3rd Party Consent (if BOTH present & conflict, the one who does NOT consent controls)
• Stop & Frisk =
• Brief detention for purpose of investigating suspicious conduct.
• Reasonable Suspicion
• This is LESS than PC
• Terry Frisk is pat down of outer clothing & body to check for weapons
• Could become arrest
• Auto stops: may search vehicle so long as it is limited to areas in which weapon could be placed
• Fleeting evidence = 15 min. rule
  
  • Hot pursuit
  • Inventory
  • Public School Searches (extracurricular activities, not excessively intrusive)