Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CRIM PRO > 4th AMENDMENT > Flashcards

4th AMENDMENT Flashcards

1
Q

4th Amendment Rule (crim pro)

A

Individuals have the right to be free of unreasonable searches and seizures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Seizure of Property (general rule)

A

gov meaningfully interference with persons possessory interest in the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Seizure of Person (general rule)

A

occurs when reasonable person would not feel free to terminate encounter with the police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Bases for Seizure (2)

A
  1. physical force
  2. show of authority plus submission

*police free to conduct consensual interviews w/ out belief of criminal activity what so ever

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Arrest

A

D taken into custody for prosecution or interrogation (MUST BE W PC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Probable Cause

A

trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime

  • HSY permissible
  • even committing offense only resulting in fine
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Warrantless Arrest

A

warrant not required to arrest in a public place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

In home arrests (define and 2 exceptions)

A

must have an ARREST warrant EXCEPT:

  1. EXIGENT
    (i) “hot pursuit” - escape if stop to get ward
    (ii) waiting poses danger to cop/person
    (iii) risk of destroy/lose evidence
  2. CONSENT
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In home arrests (3rd p)

A

CANNOT search for subject of arrest warrant in 3rd p home, they must EITHER

  1. obtain search warrant, specifying subjects location in the home
  2. secure consent to search premises

OR

  1. exigent circumstances
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Terry Stops (2)

A
  1. may detain PERSON or SEIZE PROPERTY for investigative purposes
  2. REASON SUSPICION or criminal activity or involvement in completed crime support by ARTICULABLE FACTS
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Scope of Terry Stop (4)

A
  1. no longer than necessary to conduct limited investigation to verify or dispel suspicion
  2. police must be diligent
  3. may ask person to identify self
  4. may arrest for failure to comply
  5. may turn into arrest if PC of some crime
  6. may “Terry Frisk” for weapons if RS
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Automobile Stops (rule)

A

Stopping a car for a traffic violation is a seizure, must have RS or PC

  • when pulled over, both driver and passenger
  • for safety, may order driver and ANY out of car
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Pretextual Stops (automobiles)

A

if PC or RS to justify auto stop, may do so even if actually motivated by desire to investigate some other offense (to which they lack RS and PC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Station House detentions (rule)

A

must have PC of committing an offense to bring to the station for questions and fingerprints

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Deadly Force (4th amendment rule)

A

Police violate when they use excessive deadly force to seize a suspect

ex. shooting fleeing suspect with no evidence or being armed or posing significant safety threat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Searches (4th amend definition/rule)

A

people have a right to be secure in their persons, house, papers, and effects against unreasonable searches

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Warrant (Rule)

A

No warrant shall issue but upon (1) PC (2) support by oath or affirmation (3) particularly describing place to be searched and persons or things to the seized

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

FOUR BIG AMENDMENT ISSUES

A
  1. is there a search w/ in meaning of 4th?
  2. does search w/ warrant comply w/ constit?
  3. does search w/out comply w/ constit?
  4. IF violation, does “exclusionary rule” apply?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

“Is there a Search?” (issue #1)(4 questions)

A
  1. by government agent?
  2. reasonable expectation of privacy intrusion?
  3. phys intrusion into constitutionally protected area for purpose of obtaining information?
  4. reasonable expectation of privacy in place searched, and thus standing?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Govt Agent (definition) (3)

A
  1. police officers (on or off duty)
  2. private citizens under police direction
  3. private security IF deputized w/ arrest power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Reasonable expectation of privacy (4th)

A

PROTECTED: (i) person (ii) house including curtilage (iii) papers (iv) effects

UNPROTECTED:
AA Glorious Victory Over Her Opponents

*unprotected all exposed to view of 3rd person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Physical Intrusion (using trackers)

A
  • if D owns at time of placement- VIOLATION
  • if D doesn’t own at time of placement and on public roads- NO VIOLATION
  • drug sniffing dogs at curtilage exceeds SCOPE
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Standing (reas expect of privacy in place searched)

A

only has right to challenge lawful invasion of HIS OWN RIGHTS (no 3rd p)- therefore evidence unlawfully obtained may be used

24
Q

Reasonable expectation of privacy IN: (4)

A
  1. OWNED premises (house, car)
  2. don’t own BUT RESIDE
  3. OVERNIGHT GUESTS
  4. OWNED PROP if reasonable expectation of privacy in place seized

**NOT another person’s residence and solely for business purposes

25
Q

Reas Exp of Priv in Car searched? (4)

A

IF REAS EXP OF PRIV IN:

  1. area from which stuff was seized
  2. if own car
  3. if driver
    OR
  4. if seized from your person and you’re a passenger

*passengers effects are considered part of the vehicle during auto stop so ONLY have standing if you have standing to challenge car

26
Q

“Does warrant comply with Constit?” (issue #2) (5)

A
  1. neutral and detached magistrate
  2. particularly describes place to be searched and item to be seized
  3. supported by PC
  4. “good faith” if invalid
  5. proper execution
27
Q

Neutral/Detached magistrate (satisfied vs not)

A

S: when judge reads even for 5 min

NOT:

  1. financial stake in issuing warrant
  2. doesn’t read warrant
  3. takes active role
28
Q

Particularly Describe (warrant validity)

A

V: barn located behind the home at 101 Main St Tallahassee

NOT: 101 Main st

29
Q

“Was warrant supported by PC?” (test)

A

“based on totality of the circumstances whether is a fair probability that the area searched has evidence of crime”

30
Q

Use of Informants (3)

A
  1. may use even if unknown/anonymous
  2. affidavit may be sufficient even if reliability or credibility of the informer or basis of knowledge not established
  3. identity need not be revealed
31
Q

Invalid Warrant (lacking PC)

A

officer “good faith reliance” exception

not applicable when:
-barebones (ex. states police have ‘credible info and believe there are drugs in Ds house)
-done with particularity
-affiant knowingly or recklessly includes false info in affidavit
OR
-biased magistrate

32
Q

Improper Warrant execution (3)

A
  1. noncompliance w terms (ex. searching for elephant, look in dresser)
  2. staleness (ex. more than 14 days or period stated on warrant)
  3. “knock and announce” (not grounds for excluding evidence however)
33
Q

Wiretapping/Eavesdropping

A
  1. warrant
  2. names of people to be overheard
  3. PC
  4. desc w/ particularity conversations to hear
  5. duration strictly limited

*no warrant required if one of the parties to the conversation agrees to recording- ASSUMPTION OF RISK that people might reveal their convo

34
Q

“does search/seizure w/ out warr comply w const” (issue #3) (8)

A

ESCAPIST

35
Q

Exigent Circumstances

A
  1. hot pursuit
    - can pursue into home presuming PC and any evidence/contraband in plain view may be used in prosecution
  2. safety of persons (cops or other)
  3. risk of destruction of evidence

*applies even when police cause, unless the conduct violates/threatens to violate 4th

36
Q

Automobile Exception

A

PC evidence or contraband in the car

*also BIPS

SCOPE:

  • entire car
  • open package, luggage or container that may reasonable contain items where PC to search
  • automobiles are mobile and highly regulated
  • no requirement of CONTEMPORANEOUSNESS
37
Q

Search incident to arrest (4)

A
  1. must be lawful arrest under 4th
  2. justified by officer safety/preservation of dvid
  3. contemporaneous in TIME and PLACE
  4. w/ in Ds IMMEDIATE control (person, clothes, containers within grab zone)
38
Q

Special rule for searches of cars incident to arrest (2)

A

scope limited to:

  1. physical- passenger cabin
  2. search interior only if
    -D unsecured
    or
    -reason to believe contains evidence of crime for which arrested
39
Q

Consent

A
  1. knowing
  2. voluntary

SCOPE: limited to areas which a reasonable person would believe it extends

40
Q

3rd p consent (search/seizure w/out warr) (2)

A
  1. Actual authority- actual dominion or control over premises or object (if jointly held)
  2. Apparent authority- valid if police make reasonable FACTUAL MISTAKE as to consenting party’s authority
    (ex. belief person is common law spouse)

*consent is invalid if co-owner/occupier is present and objects to search

41
Q

Plain View (3)

A
  1. lawful access to vantage point
  2. lawful access to items
  3. criminality of object immediately apparent
42
Q

“Special needs Searches”

A

justified based on some PUBLIC NEED separate from general interest of law enforcement

*not valid if PRIMARY PURPOSE is collection of evidence for criminal prosecution

43
Q

Inventories (special needs search)

A

requires standard department policy exist and follow

44
Q

DNA of arrestees (special needs search)

A
  1. when part of booking procedure
  2. arrest for serious offense
    AND
  3. PC
45
Q

Random drug tests (special needs search) (3)

A
  1. railroad employees (following accident)
  2. customs officials (drug interception)
  3. students (who participate in extracurriculars)
46
Q

Gov employee desk and files (special needs search)

A

permissible to find evidence of employee misconduct

47
Q

Students effects in public schools (special needs search)

A

permissible to investigate violation of school rules

48
Q

Border Searches (special needs search)

A

neither citizens nor non have 4th amendment rights at the border w/ respect to searches of persons and effects

49
Q

Terry Frisks (2)

A
  1. RS
  2. solely for safety and not discovery of evidence

SCOPE: limited to clothing exterior EXCEPT if police have “specific reliable information” weapon is there

50
Q

Terry Frisk (special auto rules) (3)

A
  1. frisk interior if reas belief weapon present
  2. order drive and ANY passengers out car even without suspicion of being armed
  3. any in car can be frisked if RS armed
51
Q

Terry Frisk “Plain feel doctrine”

A

if police perform and reasonably and immediately believe that an item is contraband the item can be removed and used in prosecution

52
Q

“does exclusionary rule apply” (issue #4)(rule)

A

judicially crafted remedy that bars gov use in CRIMINAL trials of info or material secured as a result of violation of a federal statute OR D’s 4th, 5th, or 6th amendment rights

*objective is deter is misconduct

53
Q

When EXCLUSIONARY does NOT occur (7)

A
  1. STATE procedural limits on arrest/search violated
  2. violation of “knock and announce” w search warrant
  3. “independent source”- police can show that the evidence which is the fruit of an illegal search was also discovered through an independent of the improper police action
  4. break in ‘causal link’ -intervening act of free will by D
  5. “inevitable discovery”
    ex. wrongful confession but then find body
  6. illegal search/confession to IMPEACH
  7. “good faith exception”
54
Q

“Good Faith Exception” (applicable vs not)

A

A based on:

  • judicial approval of search warrant
  • subseq invalidated statute
  • erroneous information in arrest warrant
  • supreme court ruling subseq overturned

NOT:
-barebones (ex. states police have ‘credible info and believe there are drugs in Ds house)
-done with particularity
-affiant knowingly or recklessly includes false info in affidavit
OR
-biased magistrate

55
Q

Exclusionary Rule Enforcement (4)

A
  1. applicability decided by judge OUTSIDE hearing of jury
  2. may testify at hearing without it being admitted against on issue of guilt
  3. pros burden - PREPONDERANCE
  4. exclusion NOT automatic, depends on:
    -reasonableness of police conduct
    AND
    -likelihood exclusion will deter such conduct
56
Q

Exclusionary rule (need for gov action)(rule and 3)

A

the evidence or information must be as a result of government conduct:

  1. police
  2. informants
  3. security guards (deputized and arrest power)

CRIM PRO (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions