4th Amendment

Question 1

Arrests - Definition

Answer 1

An arrest occurs when police take an individual into custody for purposes of criminal prosecution or interrogation

Question 2

Arrests - Probable Cause

Answer 2

Always required

PC = trustworthy facts/knowledge sufficient for a reasonable person to believe that the suspect has committed or is planning to commit a crime

Question 3

Arrests - Warrant Requirement

Answer 3

Police generally do not need a warrant before arresting a person in a public place

Question 4

Arrests - Warrant Exception

Answer 4

Non-emergency home arrests require a warrant and reasonable belief suspect is at home

• i.e. police must have an arrest warrant to arrest an individual in their home; police may only enter the home if they have reason to believe the suspect is in the home
• Search warrant is required for police to execute an arrest of a suspect in a 3rd party’s home
• A warrant is not required for an emergency arrest occurring in the arrestee’s home

Question 5

Detentions - Definition

Answer 5

A governmental seizure of a person that is less than a full custodial arrest

Question 6

Detentions - 5 Common Govt. Detentions

Answer 6

1) Stop & Frisk
2) Automobile Stope
3) Stationhouse Detention
4) Detention to Obtain a Search Warrant
5) Detention of Occupants of a Premises

Question 7

Automobile Stop - Requirements

Answer 7

Reasonable suspicion required

• to stop or pull over a vehicle, police must have reasonable suspicion that a law has been violated

Question 8

Automobile Stop - Pretextual Stops

Answer 8

Ulterior motive for a stop is OK if police have reasonable suspicion of any legal violation

Question 9

Automobile Stop - Accompanying Searches

Answer 9

Police may search:

1) Passengers and passenger compartment (but not the trunk) if officer reasonably believes weapons may be present (can order passengers out of the vehicle)

2) Entire car may be searched if probable cause arises pursuant to the automobile search exception

Question 10

Police Checkpoints (2 Requirements)

Answer 10

A police checkpoint/roadblock that stops cars without individualized suspicion, must:

1) stop cars using a neutral, articulable standard (e.g. every fourth car); and

2) Serve purposes related to automobiles and their mobility

E.g. DUI checks relate to road safety, but drug checkpoints are insufficiently related to driving, and are thus unconstitutional

Question 11

Determining the Validity of a Search or Seizure - General

Answer 11

Govt. searches and seizures of evidence must be reasonable under the 4th Amend, which requires a valid search warrant, unless one of six exceptions applies

Question 12

Determining the Reasonableness of a Search or Seizure (4 Questions)

Answer 12

1) Is there govt. conduct constituting a search or seizure?

2) Does D have standing?

3) Is there a valid search warrant?

4) If there is no valid search warrant, was there a valid exception to the search warrant requirement?

Question 13

6 Exceptions to the Search Warrant Requirement

Answer 13

1) Search incident to Arrest
2) Plain View Search
3) Automobile Search
4) Valid Consent to Search
5) Exigent Cicumstances
6) Stop & Frisk

Question 14

Reasonable Expectation of Privacy - General

Answer 14

4th Amend only applies if a person has a reasonable expectation of privacy regarding the thing or place searched and/or the items seized

• Standing to challenge a govt. search requires REOP (determined by the totality of the circumstances)

Question 15

No REOP for Inherently Public Things

Answer 15

E.g. handwriting, voice, location, odors, public records, things viewable from public space, bank account records, smell of luggage

Areas outside the curtilage are unprotected by the 4th Amend (i.e. areas outside one’s home and outbuildings are subject to police search and seizures (e.g. garbage place on street))

Question 16

Automatic Standing (2)

Answer 16

REOP always exists if D either:

1) Owns, has a right to posses, or lives in the premises to be searched, or

2) Is an overnight guest of the premises to be searched

Question 17

Requirements for a Valid Search Warrant (3)

Answer 17

1) Based on Probable Cause: Usually, a police affidavit demonstrating probable cause that the search or seizure will produce evidence

2) Precise on its Face: Warrant must describe, with reasonable precision, the place to be searched and/or items to be seized

3) Issued by a neutral and detached magistrate

Question 18

3 Things that Make a Warrant Invalid

Answer 18

Warrant invalid if (about affidavit):

1) there was a false statement

2) affiant intentionally or recklessly included a false statement; and

3) false statement was material to finding probable cause

Question 19

Good Faith Exception

Answer 19

Exclusionary rule does not apply if police act in good faith on an invalid search warrant

Question 20

Exceptions to GF Reliance (4)

Answer 20

Police cannot rely on a defective warrant obtained in good faith if:

a) affidavit completely lacks probable cause (i.e. no reasonable police officer would have relied on it)

b) Warrant is defective on its face

c) Police or govt. official lied or misled magistrate, or

d) Magistrate has “wholly abandoned her judicial role”

Question 21

Execution of Search Warrants - Timing

Answer 21

Search warrant must be executed without unreasonable delay after it is issued

Question 22

Execution of Search Warrants - Knock and Announce Requirement

Answer 22

Police must knock and announce their purpose, then wait a reasonable time for admittance before entering on their own accord

Question 23

Execution of Search Warrants - Knock and Announce Exception

Answer 23

K and A is not required if officers have reasonable suspicion that announcing their presence would be dangerous, futile, or would inhibit the investigation

Question 24

Execution of Search Warrants - Scope of Search

Answer 24

Limited to what is reasonably necessary to discover items described in the warrant

• Police can detain people found on the searched premises
• But police cannot search detained persons unless they are specifically named in the warrant or a valid warrantless search exception exists