4th Amendment Flashcards
Arrests
-An arrest occurs when police take an individual into custody for purposes of criminal prosecution or interrogation
-Probable cause is always required for any valid arrest
Arrests-Probable cause
Trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is planning to commit a crime
Warrants are rarely required for arrests
- Police generally do not need a warrant before arresting a person in a public place
- Exception: 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 suspect is in the home
-Search warrant is required for police to execute an arrest of a suspect in a third party’s home - A warrant is not required for an emergency arrest occuring in the arestee’s home
Detentions
A governmental seizure of a person that is less than a full custodial arrest
Common govt. detentions:
1) Stop and frisk (Terry): requires reasonable suspicion
2) Automobile stop: requires reasonable suspicion
3) Stationhouse detention: probable cause required to compel a person to enter a govt. location for fingerprinting, questioning, etc.
4) Detention to obtain a search warrant: Requires probable cause
-If police have probable cause to believe the suspect has contraband hidden in her home, they may prevent her from entering her home for a reasonable time while they obtain a search warrant
-Purpose must be to prevent destruction of evidence
5) Detention of occupants of a premises: if police have a valid warrant to search premises, they may detain occupants for duration of the proper search
Automobile stop
Reasonable suspicion required
-To stop or pull over a vehicle, police must have reasonable suspicion that a law has been violated
-Pretextual stops: ulterior motive for a stop is OK if police have probable cause of a traffic violation
Automobile stops-accompanying searches
Police may search:
- Passengers and passenger compartment (but not the trunk) if officer reasonably believes weapons may be present
-Police can order passengers out of the vehicle - Entire car may be searched if probable cause arises pursuant to the automobile search exception
- Note: automobile may also be searched incident to a lawful arrest
Police checkpoints
Must relate to a vehicle-specific purpose
- Requirement: a police checkpoint/roadblock that stops cars without individualized suspicion (e.g. DUI checkpoints) 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
Determining the reasonableness of a search or seizure
1) Is there a govt. conduct constituting a search or seizure?
-4th Amend. only applies to govt. conduct (direct or authorized); does not protect against private conduct
-Authorized conduct: private persons acting at the direction of govt. agents constitutes govt. conduct
2) Does D have standing?
-D must have a reasonable expectation of privacy in the thing or place to be searched
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?
Exceptions to the search warrant requirement
1) Search incident to arrest
2) Plain view search
3) Automobile search
4) Valid consent to search
5) Exigent circumstances
6) Stop and frisk
Reasonable expectation of privacy
4th Amend. only applies if a person has a reasonable expectation of privacy (REOP) regarding the thing or place searched and/or the items seized
-Standing to challege a govt. search requires a REOP
-REOP is determined by the totality of the circumstances
No REOP
No REOP for inherently public things
-E.g. handwriting, voice, location, odors, publice 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 seizure (e.g. garbage placed on street)
REOP Automatic standing
REOP always exists if D either:
a) Owns, has a right to possess, or lives in the premises to be searched, or
b) Is an overnight guest of the premises to be searched
Requirements for a valid search warrant
1) Based on probable cause: usually a police affidavit demonstrating probable cause that the search or seizure will produce evidence
-Affidavits: must contain facts showing probable cause
-May include information from anonymous sources
-If (1) there was a false statement, (2) affiant intentionally or recklessly included a false statement, and (3) false statement was material to finding probably cause, then warrant is invalid
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
Valid search warrant-good faith exception
Exclusionary rule does not apply if police act in good faith on an invalid search warrant
-Exceptions to good faith reliance: police cannot rely on a defective warrant obtained in good faith if:
a) Affidavit completlely 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 mislead magistrate, or
d) Magistrate has “wholly abadoned her judicial role”
Execution of search warrants-Timing
Search warrant must be executed without unreasonable delay after it is issued
