4th Amendment Flashcards
Scotus balances two competing interests, what are they?
- An individuals right to be let alone vis-a-vis the government
- The legitimate needs of law enforcement
State Action
Actions against citizens by a state agent
Fourth Amendment
The rigjt of the people to secure thier persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persona or things to be seized.
What is a Search?
The intrusion into a place an individual has a legitimate expectation of privacy, by the government.
Legitamate Expectation of Privacy
Two fold rule:
- Must be a subjective expectation of privacy to the individual
- Must be an objectively reasonable expectation of privacy to society
Judicial Warrant Process
- Police to present their estimate of probable cause through an affidavit for detached scrutiny by a neutral magistrate
- Scope and purpose has been reviewed by a judicial officer
- Scrutinized for probable cause
- Limit the scope of the search to the corcumstances within the warrant request
Open Fields Doctrine
The unoccupied or undeveloped areas outside the curtilage and does not provide the setting for those intimate activities that the 4th amendment intended to shelter from arbitrary government interference.
Probable Cause
When the facts and circumstances of which you have reasonably trustworthy information are sufficient to warrant a person of ordinary caution in believing a crime has been committed.
Totality of the circumstances test
1) common sense non technical approach
2) more consistent with definition of probable cause
3) more consistent with task of issuing clerk
4) more consistent with deference paid by reviewing court
5) deficiency in one factor may be compensated for, by a strong showing elsewhere
6) discourages hypertechnical dissection of the tip
7) permits balanced assessment of all indicia of reliability not in isolation
8) encourages reaort to judiciL warrant process, promoting courts trafitional preference for warrants
Independent Police Corroboration
Adds value to totality of the circumstances test
Can be provided to supplement an informants tip, or hearsay through other matters within the polices knowledge
Knock and Announce
Reasonableness of a search may depend in part on if the officers announced thier presence. However, if officers have reason to believe that evidence would be destroyed, advance notice may be dispensed with
Traffic Violations and Probable Cause
Where the police have probable cause to believe that a traffic violation has occured, then proceed to find other evidence of unlawful during the stop, the evidence discovered is admissible. (Whren)
Reasonable Suspicion
A particularized and objective basis for suspecting the person stopped for criminal activity and probable cause to search as exaisting, where known facts and circumstances are sufficient to warrant a man of reasonable prudence to be in the belief that the contrband or evidence of a crime will be found
Preference for Warrants
Warrants demonstrate probable cause that has been scrutinized by an independent magistrate outside of the arresting officers or prosecution. Its remoteness from the incident make its issuance more reliable and fair.
Arrest
The seizure of a person
The Payton Rule
There is to be no entry into a person’s home, without consent, to make a routine felony arrest, without an arrest warrant.
Consequences of a Payton Violation
Will lead to auppression of evidence or statements made within the home
Payton Rule purpose
To protect the physical integrity of the home and anything in it from entry in the absence of a magistrates findingnof probable cause
Payton Rule: Overnight Guests
Payton Rule encompasses overnight social guests to have tje same protections within tje home they are a guest in, as the homeowner. (Olson)
Under the Patyon Rule who will not have the same protections as a homeowner?
A casual business invitee or a temporary visitor
What is nevessary for a seizure to be reasonable?
Timely prompt judicial determination of probable cause
Utilizes a balancing test to determine : (1) protection of individuals rights
(2) the handicap of legit law enforcement
The “promptness” requirement of a reasonable seizure?
A judicial determination of probable cause within 48 hours
Terry Stop
A threshold inquiry. A privledge to detain the suspect and investigate.
Officer needs a reasonable suspicion on specific and articulable facts that a crime might be in progress
This is an intermefiate approach between doing nothing and an arrest.
“Specific” and “articulable” facts meanings for reasonable suspicion
Specific: detailed observations, not general impressions
Articulable: means that the facts and inferences must be capable of being conveyed in words
When is a “stop” reasonable?
When the dual inquiry is satisfied:
(1) was the stop justified in its outset? (2) was the stop readinably limited in scope, duration, and intensity to the circumstances that justified it in the first place.
Frisk
A seizure that is a severe intrusion on personal security.
A careful ecploration of the outer surfaces of the suspects clothing for the limited purpose of discovering weapons that might be used to har the officer or others nearby
Justification for a frisk?
When an officer has a reasonable spprehendion, based on specific and articulable facts, makes it reasonable for the officer to take necessary, limited measures to discover weapons and nuetralize the threat.
When is a “frisk” reasonable?
Requires its own seperate dual inquiry analysis:
(1) Was the stop justified at its outset?
(2) Was the stop reasonably limited in scope, duration, and intensity to the circumstances that justified it in the first plac?
“Stop and identify”
The request for identity has an immediate relation to the purpose, rationale, and practical demands of a terry stop.
Search Incident to a Valid Arrest
It is reasonable for the officer to search the person arrested for two reasons:
(1) to remove any weapons defendant may use to resist arrest or effect escape (2) to search for an seize any evidence on the defendants person or within the defendants wingspan to prevent its concealment or destruction (Chimel)
Protective Sweep
A quick and limited search of the premises, incident to an arrest and conducted to protect the safety of the officers or others. Narrowly confined to a cursory visual inspection of those places a person might be hiding
Exigent Circumstances
Where time and opportunity are of the essence, it is unreasonable to expect law enforcement officers to adhere to the warrant process
Automobile Exception: Carroll
Warrantless searches based on probable cause of cars are reasonable even when not moveable are admissible
Automobile Exception: Chambers
Under 4th amendment analysis there is no difference between seizing and holding the car and applying for a search warrant, and carrying out an immediate warrantleas search. As long as there is probable cause to search, either course is reasonable.
Automobile Exception: Ross
If theres probable cause to search an entire car, then the authority extends to any and all closed containers inside the car where the objects sought might be concealed.
Automobile Exception: Acevedo
If police have probable cause to search only a container in the auto, they may open the container and search it without warrant—but not any other part of the car (because they have no probable cause to believe theres contraband in any other part of the car)
Plain View Doctrine
Involves no search at all.
3 factors:
1) police mist be lawfully im a position to view the object
2) it’s incriminating nature must be immediately apparent to the officers
3) the officers must lawfully be ina position to seie it
Plain feel
If an officer pats down a suspect for weapons and feels an object whose contour or mass makes its identity as contraband immediately apparent, there has been no invasion of the suspects provacy beyond that already authorized bu terry.
Special Needs Exception: Schoolhouse Searches
The 4th amendment applies to searches by public school officials but a warrant requirement is ill suited to schools legality of search is dependent upon all circumstances (TLO)
Special Needs Exception: Health and Safety Inspection
Absent exigency, the inspector should seek consent. If entry is refused and tjeres no satisfactory reason for aecuring immediate entry, apply for a warrant.
Special Needs Exception: Sobriety Checkpoints
The initial intrusion is reasonable if it is minimal.
Primary pirpose is insuring roadway safety, not uncovering wvidence of wrongdoing
Inventories
Using standard non-investigative police procedures, pd document the property that they take custody of bu imventorying it. Has 3 purposes:
(1) keeps the property safe from theft (2) protects police against claims of theft or damage (3) protects police from dangerous items
Station house Search
As part of routine, standardized procedures incident to incarcerating an arrestee, its reasonable for the polcie to search any container or article in his possession, in accordance with established inventoey procedures.
Consent
Must be the person whose rights sre at stake consenting.
Must be the product of free and unconstrained choice.
Consent: Voluntariness
A questionof fact considering: characteristics of the accused and details of the encounter
Third Party Consent
Consent of one who possesses common authority over premises or effects is valid as against the absent non-consenting person with whom the authority is shared.
Exclusionary Rule
The purpose of the exclusionary rule is deterrence. The only effective way to compel respect for the constitutional guarantee is to remove the incentive to disregard it.
When does the exclusionary rule apply?
When there is a meaningful comnection betweeen the lawless conduct and the discovery of the challenged evidence
Exclusionary Rule: Direct Product
When the lawlessnconduct of police directly produces the discovery of evidence
Exclusionary rule applies but has 3 caveats
Exclusionary Rule: 3 caveats
Applies only to direct and indirect products.
Inevitable discovery
Good faith exception
Impeachment
Exclusionary Rule: Indirect Product
Dereived from wrongful actions of the police
“Fruits of the poisonous tree”
Exclusionary rule applies but has 3 caveats
Exclusionary Rule: Attenuation
Dissipatiom of the taint. But for connection
The actual connection is so remote and so indirect as to dissipate the primary taint flowing from polices lawless conduct
Exclusionary rule does not apply
Exclusionary Rule: Independent Source
The discovery of evidenve happens totally independent of the lawless conduct of the police.
Exclusionary rule does not apply
Standing
To claim the protection of the 4th amendment depends not ipon property right in the invaded place but whether the person who claims the protection of the amendment has a legitimate expectation of privacy in the invaded space
Violation of rights muat be of defendents own rights
