4th Amendment

Question 1

Warrant

Answer 1

A warrant is required for all searches and seizures unless an exception applies

Question 2

Valid warrant Rea

Answer 2

1. Probable cause
2. State with particularity the place and times to be searched/seized
3. Issued by a neutral and detached magistrate

Question 3

Warrant requirement exceptions

Answer 3

1. Plain view
2. Automobile search
3. Hot pursuit
4. Search incident to arrest
5. Consent
6. Inventory search
7. Stop and frisk
8. Special need

Question 4

Plain view exception

Answer 4

Warrant less seizure allowed if

1. Officer is in place lawfully allowed to be
2. Sees in plain view
3. items that he has an immediate probable cause to believe are contra band, instrumentalities, or fruits of a crime

Question 5

Automobile exception

Answer 5

Police May make warrant less search of vehicle if

1. Probable cause that contraband or evidence of a crime will be found
   - May search entire vehicle including package, luggage, and containers if reasonable that what they are looking for could be found in them
2. If search following traffic stop, police must have probable cause prior to search

Question 6

Exigent circumstances exception

Answer 6

Warrantless search allowed if

1. Evanescent evidence
2. Necessary to prevent imminent destruction
3. Police are in hot pursuit of a felon and evidence is in plain view
4. Emergency aid

Question 7

Search incident to arrest exception

Answer 7

Warrantless watch allowed if

1. Suspects person and Wingspan
2. If arrested in automobile, Wingspan incudes search of compartments and container in car if train to believe it contains contraband

Question 8

Consent exception

Answer 8

Consent must be voluntary, freely and intelligently made.

• 3rd person with authority May consent
• if 2 or more people, consent by one only applies to areas that can consent to

Question 9

Stop and frisk exception

Answer 9

Police must have

1. Reasonable articulate suspicion
2. That criminal activity is afoot
3. The person has a weapon

Question 10

Reasonable search

Answer 10

To be reasonable, a search or seizure must be pursuant to a warrant or fall under an exception. Before one can claim an u reasonable search or seizure, they must also show they have constitutional standing.

Question 11

Constitutional standing

Answer 11

D must show they had a reasonable expectation of privacy that was violated. Expectation arises when place being searched is persons home or person was an overnight guest