4th Amendment Flashcards
4th Amendment - Full definition
- The Fourth Amendent, applicable to the states through the Fourteenth Amendment,
- protects against searches and seizures by
- government intrusion upon a reasonable expectation of privacy.
- An intrusion occurs where the government physically intrudes into a constitutionally protected area in order to obtain information or,
- violates an individual’s objective and subjective expectation of privacy.
- A person generally has a reasonable expectation of privacy in their home and in their “effects” or personal property.
When may police conduct an arrest?
Police may arrest a suspect with PC of a felony or any crime within police presence (and PC to believe the suspect is the perpetrator).
When may police search an automobile pursuant to SILA?
If the arrestee is within reaching distance of the passenger compartment at the time of the search or if it is reasonable to believe the vehicle contains evidence of the offense the arrestee is being arrested for.
Search of home
Search of a person’s home requires a warrant, absent exigent circumstances or consent.
Arrest in person’s home
Arresting a person in their own home requires only an arrest warrant, not a separate search warrant.
Arrest of person in third party’s home
Arresting a person in the home of a third party requires probable cause to believe the suspect is present, and they must have a search warrant.
When may police search the trunk of a car?
May search trunk (or anywhere else in car) when there is PC to believe there is evidence of criminal activity (e.g., not pill bottle for a gun).
Search of passengers
Police may search passengers and their belongings if there is PC to do so and PC for a common enterprise.
Standard required to impound vehicle
A vehicle may be seized and impounded if there is PC that it is forfeitable contraband under a state forfeiture statute.
Cases to know for auto and SILA exception
- NY v. Belton (1981) – SILA, police may search passenger compartment and containers therein.
- AZ v. Gant (2009) – Limited Belton if suspect already secured in police cruiser
- US v. Chadwick (1977) – Search of footlocker in car required warrant absent exigency
- CA v. Acevedo (1991) – Expanded Chadwick; search of containers ok w/ probable cause
Administrative searches
- Special needs suspicionless searches
- without probable cause
- when conducted for non-law enforcement purposes of:
- Public safety
- Workplace regulations
- Securing borders
- Balancing government need vs. privacy.
- Neutral criteria limiting discretion.
Exclusionary rule Landmark case to cite Exceptions
Cases:
1. Weeks v. US (1914),
2. Wong Sun v. US (1963)
3. Exceptions: Inevitable discovery
4. Independent source
5. Attenuation of confession (standing inferred)
6. Collateral use
7. Good faith
Standing to invoke the exclusionary rule - what is the rule? Two parts.
- At common law, the party seeking to exclude evidence must show a proprietary or possessory right in the evidence seized.
- Modernly, courts will examine the claimant’s reasonable expectation of privacy under the totality of circumstances.
Exclusionary rule - Full definition
- Direct evidence that is obtained in
- deliberate, reckless, or grossly negligent violation of the Fourth Amendment is
- inadmissible against the person whose rights were violated
Factors which affect application of TII - Taint disappeared, Inevitable Discovery, Independent source
TIFCG - Time Intervenes For the Collateral Good
- Time between unconstitutional behavior and discovery of evidence
- Intervening circumstances
- Flagrancy and purpose of unconstitutional conduct
- Collateral source rule
- Good faith doctrine (facially valid warrant)
Steps in a 4a analysis
- Search of seizure, governmental intrusion, reasonable exectation of privacy?
- Valid warrant and execution, invalid but good faith and facially valid, exception to warrant requirement (ESCAPES)?
- Excluded in CIC unless inevitable, independent source, taint disappeared.
- Okay if Standing (no), Impeachment, Civil, K&A (knock and announce)
