4th Amendment

Question 1

Fourth Amendment

Answer 1

Protects citizens from unreasonable searches and seizures
* Applied to states through 14th Amendment’s DP clause

ALWAYS START WITH EXCLUSIONARY RULE

Question 2

Standing

Answer 2

For D to assert 4th Amendment challenge, D must have standing, which requires that D has reasonable expectation of privacy (ownership or possessory interest) in places or property searched or seized

Question 3

1.

Warrant Requirements

Answer 3

Search and seizure is only valid if government had a valid warrant OR there was an exception to the warrant requirement.

Warrant requires:
(i) Probable cause (a reasonable basis for believing that the suspect has committed crime)
* Affidavit showing belief that seizable evidence will be found on person/premises
* Informants - court look at totality of the circumstances

(ii) neutral and detached magistrate
(iii) scope of warrant: reasonably precise re: place to be searched/items to be seized
(iv) proper execution - knock and announce + no unreasonable delay

Good faith exception: applies if police properly executed warrant in good faith that it was valid (but on challenge, turns out to be valid) –> evidence is not excluded

Question 4

Warrant Exceptions

Answer 4

SEARCH INCIDENT TO LAWFUL ARREST (SILA)
* Following lawful arrest with probable cause, police can search person and area within his wingspan (area he can reach to get weapons/destroy evidence) without warrant.
* Police can search passenger compartment of car if arrestee is unsecured OR reasonably believes evidence for arrest can be found in car
* Inventory Search: Police can do inventory search of arrestee’s belongings at police station pursuant to established department procedure or of impounded vehicle

CONSENT
* Police can perform warrantless search if person provides voluntary consent
* Consent can come from person with APPARENT right to use/occupy property (unless co-occupant is present and objects)
* Knowledge of right to withhold consent not required
* Scope of search: all areas where reasonable person under the circumstances would believe it encompasses

PLAIN VIEW
* (i) Police is lawfully on premises
* (ii) found evidence, contraband, or fruit/instrumentalities of crime
* (iii) see/smell/hear it in plain view
* (iv) have probable cause to believe it’s evidence, contraband, or fruit/instrumentalities of crime

AUTOMOBILE EXCEPTION
* Police have probable cause to believe vehicle contains evidence, contraband, or fruit/instrumentalities of crime
* Police can search whole vehicle and any containers inside vehicle that might reasonably contain items they’re searching for (ex. drugs vs. guitar)

Stop and Frisk
* Stop: requires reasonable suspicion based on articulable facts that criminal activity is afoot
* Frisk: can pat down outer clothing if officer believes detainee is armed and dangerous

Exigent Circumstances: hot pursuit, destruction of evidence, emergencies regarding health/safety

Question 5

Traffic Stops - Checkpoints

Answer 5

Police can set up roadblocks if:
(i) stops are based on neutral, articulable standard
(ii) purpose of stops is regarding particular problem with auotomobiles
* Purpose CANNOT be to detect evidence of ordinary criminal wrongdoing not related to cars (ex. checking for illegal drugs)

Ex. Officers CANNOT set up checkpoint to check for illegal drugs

Question 6

Arrest

Answer 6

Government seizure of a person, when a person is taken into custody against his will
* Requires probable cause
* Arrest warrant not required when arrest is in public place