4th Amendment

Question 1

Exclusionary rule says that

Answer 1

when ev is seized in violation of 4A, inadmissible in case in chief of a crim proceeding.
CAN be used for impeachment

Applies to the states.

Question 2

For a D to have standing to try and get ev excluded under exclusionary rule,

Answer 2

D must personally be the vic of po’s unreas conduct

Question 3

fruit of the poisonous tree doc applies where

Answer 3

ev acquired directly or indirectly from the illegal arrest/ search/ seizure must be excluded.
Does not apply to miranda violations.

Question 4

if ev gets suppressed as fruit of the poisonous tree, then D makes a spontaneous confession after released, the fruit of the poisionous tree might be able to come in cause of

Answer 4

intervening act of free will by D

Question 5

fruit of the poisonous tree exception: ev would have been discovered regardless of the illegality

Answer 5

inevitable discov

Question 6

burden at a 4A suppression hearing

Answer 6

on govt to establish admissibility by a prep of the ev

Question 7

D’s testimony at 4A suppression hearing cannot be used

Answer 7

at trial against him on the substantive issue of guilt

Question 8

on appellate review, ev improperly admitted, govt must show

Answer 8

harmless error- prove that they would have gotten the conviction even without that ev

Question 9

arrests in public

Answer 9

gen dont need a warr

Question 10

an unlawful arrest can/ can’t be used as a defense to a subsequent conviction

Answer 10

nope

Question 11

generally, a warrant is/isn’t req for an arrest

Answer 11

no- po just need probable cause
warr gen needed to arrest someone in their home
unless exigent circ or consent

Question 12

before entering a home to make an arrest, po must

Answer 12

knock and announce

unless reas believe it’d be dangerous, futile, etc

Question 13

arrests for felonies

Answer 13

po and citizens can arrest for felonies committed in their presence

-po: can arrest \ where he has reas grounds to believe the felony was committed, even if not committed in his presence

Question 14

po and citizens may make arrests for misdemeanors when

Answer 14

cr committed in his presence
and
misdemeanor amounts to a breach of the peace

Question 15

use of deadly force to prevent escape is ok when

Answer 15

felony suspect
S poses threat of sei phys harm to officer or others
OR
S has committed a cr involving infliction of such harm
AND some feasible warning has been given

Question 16

PC

Answer 16

reas person to cnclude that the S has committed a cr or that spec items rel to crim act can be found at a particular location
-info is not out of date
OBJECTIVE

Question 17

conditional warrants

Answer 17

ex: delivery of a package, then they want to search it
fair prob that evn of a cr or contraband will be found at a particular location
PC that condition will occur

Question 18

To perform a stop, Po must have

Answer 18

reas articulable suspicion that criminality is afoot.

Question 19

to do a frisk, po must have

Answer 19

reas articulable suspicion that S is armed and dangerous

Question 20

terry frisk based on an anon tip: ok?

Answer 20

inadequate alone. TOC

Question 21

terry stop and frisk: po needs –

Answer 21

reas articulable suspicion that S is armed and dangerous

Question 22

A person can assert 4A rights only when he has a reasonable expectation of privacy. REP where:

Answer 22

• D has standing (HIS rights were violated)

- objects to be seized are not “held out to the public”

Question 23

passenger in a car has standing to challenge-

Answer 23

unlawful stop of the car, but NOT an unlawful search of the car

Question 24

to be valid, a search warr must be

Answer 24

issued by a neutral and detached magistrate
adequate showing of PC (reas person would conclude that spec items rel to cr are in the particular place; info is not out of date)
describe w particularity the place to be searched and items to be seized
-intrusion cannot be unreasonable (ex req removal of a bullet embedded deep in the body)

Question 25

to be valid, an arrest warr must be

Answer 25

issued by a neutral and detached magistrate
adequate showing of PC (reas person would conclude that S committed a crime; info is not out of date)
ID S either by name or reas specific description

Question 26

to get a warr, PC must come from

Answer 26

oral test or an affidavit set forth facts or circ, then magistrate makes his own decision

Question 27

persons not named in the warr, but present at a search location- can they be searched?

Answer 27

no, not just for being present

Question 28

what can be searched incident to a lawful arrest

Answer 28

D’s person and wingspan

• protective sweep for other people if reas susp of an armed accomplice
• if in a car: passenger compartment if reas to think D will access it or there’s ev of the crime in there
• NOT an entire house
• must be contemporaneous to arrest

Question 29

warr req to search a car?

Answer 29

no- automobile exception. Need PC 
-stop based on reas susp can ripen to PC sufficient for a warrantless search
SITLA
plain view
inventory after lawful impounding
border search

Question 30

random police stops of cars- ok?

Answer 30

not if po just driving down the street and feels like pulling someone over
-ok if truly random, and based on some fixed formula (ex every 5th car)

Question 31

after a lawful stop of a car, what do po need to order occupants out of the car?

Answer 31

nothing

Question 32

plain view exception: no warr needed to search if

Answer 32

po is in a lawful position when he sees the thing

-its illegal nature is immediately apparent

Question 33

warrantless search allowed w no justification if consent is given. for consent to be valid, need

Answer 33

• voluntariness (by TOC)
• consenting party controls the scope of the search. can limit the scope, must be excplicit
• no 3p consent: must have actual or apparent authority to consent

Question 34

under 4A, a stop is a –

Answer 34

seizure

Question 35

po can take suspected DUI person’s blood without a warrant under

Answer 35

exigent circumstances

Question 36

administrative searches are where–

and can be done without a warr when–

Answer 36

• conducted by an admin agency for the enforcement of the regulations granted to that agency
• admin warr usu req, and they need a lesser showing of PC (unless they’re getting ev for a crim investigation)
• unless it’s a business traditionally subject to extensive regulation and affect impt pub interests

Question 37

admin search at a border

Answer 37

reas searches of people and stuff are ok

PC req to fully search the car

Question 38

reas expectation of privacy w relation to convos

Answer 38

none- the other person could always tell what you’re saying, or people could be eavesdropping

Question 39

MD PC

Answer 39

to get a warr, it msut appear to the J that there’s PC to believe that
-misdemeanor or felony is being committed by a person or in a building, apt, etc, within the territorial juris of the J
AND
-property subject to seizure under MD crim law is on the person or in the building/ apt/ thing/ etc