4th Amendment

Question 1

Scotus balances two competing interests, what are they?

Answer 1

1. An individuals right to be let alone vis-a-vis the government
2. The legitimate needs of law enforcement

Question 2

State Action

Answer 2

Actions against citizens by a state agent

Question 3

Fourth Amendment

Answer 3

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.

Question 4

What is a Search?

Answer 4

The intrusion into a place an individual has a legitimate expectation of privacy, by the government.

Question 5

Legitamate Expectation of Privacy

Answer 5

Two fold rule:

1. Must be a subjective expectation of privacy to the individual
2. Must be an objectively reasonable expectation of privacy to society

Question 6

Judicial Warrant Process

Answer 6

1. Police to present their estimate of probable cause through an affidavit for detached scrutiny by a neutral magistrate
2. Scope and purpose has been reviewed by a judicial officer
3. Scrutinized for probable cause
4. Limit the scope of the search to the corcumstances within the warrant request

Question 7

Open Fields Doctrine

Answer 7

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.

Question 8

Probable Cause

Answer 8

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.

Question 9

Totality of the circumstances test

Answer 9

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

Question 10

Independent Police Corroboration

Answer 10

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

Question 11

Knock and Announce

Answer 11

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

Question 12

Traffic Violations and Probable Cause

Answer 12

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)

Question 13

Reasonable Suspicion

Answer 13

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

Question 14

Preference for Warrants

Answer 14

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.

Question 15

Arrest

Answer 15

The seizure of a person

Question 16

The Payton Rule

Answer 16

There is to be no entry into a person’s home, without consent, to make a routine felony arrest, without an arrest warrant.

Question 17

Consequences of a Payton Violation

Answer 17

Will lead to auppression of evidence or statements made within the home

Question 18

Payton Rule purpose

Answer 18

To protect the physical integrity of the home and anything in it from entry in the absence of a magistrates findingnof probable cause

Question 19

Payton Rule: Overnight Guests

Answer 19

Payton Rule encompasses overnight social guests to have tje same protections within tje home they are a guest in, as the homeowner. (Olson)

Question 20

Under the Patyon Rule who will not have the same protections as a homeowner?

Answer 20

A casual business invitee or a temporary visitor

Question 21

What is nevessary for a seizure to be reasonable?

Answer 21

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

Question 22

The “promptness” requirement of a reasonable seizure?

Answer 22

A judicial determination of probable cause within 48 hours

Question 23

Terry Stop

Answer 23

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.

Question 24

“Specific” and “articulable” facts meanings for reasonable suspicion

Answer 24

Specific: detailed observations, not general impressions

Articulable: means that the facts and inferences must be capable of being conveyed in words

Question 25

When is a “stop” reasonable?

Answer 25

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.

Question 26

Frisk

Answer 26

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

Question 27

Justification for a frisk?

Answer 27

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.

Question 28

When is a “frisk” reasonable?

Answer 28

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?

Question 29

“Stop and identify”

Answer 29

The request for identity has an immediate relation to the purpose, rationale, and practical demands of a terry stop.

Question 30

Search Incident to a Valid Arrest

Answer 30

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)

Question 31

Protective Sweep

Answer 31

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

Question 32

Exigent Circumstances

Answer 32

Where time and opportunity are of the essence, it is unreasonable to expect law enforcement officers to adhere to the warrant process

Question 33

Automobile Exception: Carroll

Answer 33

Warrantless searches based on probable cause of cars are reasonable even when not moveable are admissible

Question 34

Automobile Exception: Chambers

Answer 34

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.

Question 35

Automobile Exception: Ross

Answer 35

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.

Question 36

Automobile Exception: Acevedo

Answer 36

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)

Question 37

Plain View Doctrine

Answer 37

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

Question 38

Plain feel

Answer 38

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.

Question 39

Special Needs Exception: Schoolhouse Searches

Answer 39

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)

Question 40

Special Needs Exception: Health and Safety Inspection

Answer 40

Absent exigency, the inspector should seek consent. If entry is refused and tjeres no satisfactory reason for aecuring immediate entry, apply for a warrant.

Question 41

Special Needs Exception: Sobriety Checkpoints

Answer 41

The initial intrusion is reasonable if it is minimal.

Primary pirpose is insuring roadway safety, not uncovering wvidence of wrongdoing

Question 42

Inventories

Answer 42

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

Question 43

Station house Search

Answer 43

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.

Question 44

Consent

Answer 44

Must be the person whose rights sre at stake consenting.

Must be the product of free and unconstrained choice.

Question 45

Consent: Voluntariness

Answer 45

A questionof fact considering: characteristics of the accused and details of the encounter

Question 46

Third Party Consent

Answer 46

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.

Question 47

Exclusionary Rule

Answer 47

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.

Question 48

When does the exclusionary rule apply?

Answer 48

When there is a meaningful comnection betweeen the lawless conduct and the discovery of the challenged evidence

Question 49

Exclusionary Rule: Direct Product

Answer 49

When the lawlessnconduct of police directly produces the discovery of evidence

Exclusionary rule applies but has 3 caveats

Question 50

Exclusionary Rule: 3 caveats

Answer 50

Applies only to direct and indirect products.

Inevitable discovery
Good faith exception
Impeachment

Question 51

Exclusionary Rule: Indirect Product

Answer 51

Dereived from wrongful actions of the police

“Fruits of the poisonous tree”

Exclusionary rule applies but has 3 caveats

Question 52

Exclusionary Rule: Attenuation

Answer 52

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

Question 53

Exclusionary Rule: Independent Source

Answer 53

The discovery of evidenve happens totally independent of the lawless conduct of the police.

Exclusionary rule does not apply

Question 54

Standing

Answer 54

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