4th Amendment

Question 1

What is the 4th Amendment?

Answer 1

The right of people to be secure in their persons, houses, papers and effects from unreasonable search and seizure, shall not be violated and warrant shall not be issued but upon:

• probable cause,
• supported by oath or affirmation
• particularly describing the place being searched or;
• person or thing being seized.

Question 2

What is a search?

Answer 2

An intrusion on a person’s reasonable expectation to privacy.

Question 3

When is a Reasonable Expectation of Privacy Present?

Answer 3

When:

• a person takes reasonable steps to keep something private and;
• society accepts the expectation as reasonable.

Question 4

In what instances is a search allowed?

Answer 4

• Probable Cause
• Consent Search
• Exigent Circumstances

Question 5

When is there no reasonable expectation of privacy?

Answer 5

Situations dealing with:

• Open Fields
• Mechanical Devices
• Abandoned Property/Trash
• Cell Phones
• Secrets being told to someone
• Talking to an undercover informant.

Question 6

What is a seizure?

Answer 6

A governmental interference of a person or a person’s possessory interest in a thing.

Question 7

How can a person’s property be seized?

Answer 7

By destroying the property or removing the property from the person’s actual or constructive possession.

Question 8

How can a person’s home be seized?

Answer 8

By preventing the owner from entering or by destroying the property.

Question 9

How can a person be seized?

Answer 9

• Stop
• Detention
• Custody
• Arrest
• Person doesn’t have freedom to move.
• Words captured when tapping a phone.
• Person doesn’t attempt to leave.

Question 10

What is a Warrant?

Answer 10

• A warrant is a court order issued by a judicial officer upon showing of probable cause and supporting affidavit.
• A warrant must particularly describe the place being searched or person/thing being seized.
• Any search made through the warrant must be made within the scope of the warrant or it is not valid.

Question 11

Does an officer need a warrant to make an arrest?

Answer 11

Generally, no, an officer does not need a warrant to make an arrest but an officer does need a warrant to make a house arrest.

Question 12

What requirements need to be met to make a house arrest?

Answer 12

1. A valid warrant.
2. An officer executing a warrant may enter the person’s home only if they have reason to believe that the person is in the most.
3. Officer may use necessary force to enter home if they have reason to believe they are home.

Question 13

What are exigent circumstances?

Answer 13

Circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.

Question 14

What is a search warrant?

Answer 14

A court order directing whichever officer who receives the warrant to go to a specified place and search for contraband identified in the warrant.

Question 15

Do officers have any privileges when executing a search warrant?

Answer 15

Yes, an officer is privileged to use whatever force is necessary to execute the search warrant?

Question 16

Who was the obligation to determine whether there is probable cause to issue a search warrant?

Answer 16

Magistrate

Question 17

What is the Knock & Announce Rule?

Answer 17

Constitutional mandate that requires officers who are conducting search warrants to knock and announce their presence.

*If this rule is violated, it does not exclude the evidence found under the exclusionary rule.

Question 18

What is the burden of proof required to issue a search warrant?

Answer 18

The officer must show that it is more probable than not that he/she will find what they are looking for. (51%)

Question 19

What is the exclusionary rule?