4th AMENDMENT Flashcards
4th Amendment Rule (crim pro)
Individuals have the right to be free of unreasonable searches and seizures
Seizure of Property (general rule)
gov meaningfully interference with persons possessory interest in the property
Seizure of Person (general rule)
occurs when reasonable person would not feel free to terminate encounter with the police
Bases for Seizure (2)
- physical force
- show of authority plus submission
*police free to conduct consensual interviews w/ out belief of criminal activity what so ever
Arrest
D taken into custody for prosecution or interrogation (MUST BE W PC)
Probable Cause
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
Warrantless Arrest
warrant not required to arrest in a public place
In home arrests (define and 2 exceptions)
must have an ARREST warrant EXCEPT:
- EXIGENT
(i) “hot pursuit” - escape if stop to get ward
(ii) waiting poses danger to cop/person
(iii) risk of destroy/lose evidence - CONSENT
In home arrests (3rd p)
CANNOT search for subject of arrest warrant in 3rd p home, they must EITHER
- obtain search warrant, specifying subjects location in the home
- secure consent to search premises
OR
- exigent circumstances
Terry Stops (2)
- may detain PERSON or SEIZE PROPERTY for investigative purposes
- REASON SUSPICION or criminal activity or involvement in completed crime support by ARTICULABLE FACTS
Scope of Terry Stop (4)
- no longer than necessary to conduct limited investigation to verify or dispel suspicion
- police must be diligent
- may ask person to identify self
- may arrest for failure to comply
- may turn into arrest if PC of some crime
- may “Terry Frisk” for weapons if RS
Automobile Stops (rule)
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
Pretextual Stops (automobiles)
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)
Station House detentions (rule)
must have PC of committing an offense to bring to the station for questions and fingerprints
Deadly Force (4th amendment rule)
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
Searches (4th amend definition/rule)
people have a right to be secure in their persons, house, papers, and effects against unreasonable searches
Warrant (Rule)
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
FOUR BIG AMENDMENT ISSUES
- is there a search w/ in meaning of 4th?
- does search w/ warrant comply w/ constit?
- does search w/out comply w/ constit?
- IF violation, does “exclusionary rule” apply?
“Is there a Search?” (issue #1)(4 questions)
- by government agent?
- reasonable expectation of privacy intrusion?
- phys intrusion into constitutionally protected area for purpose of obtaining information?
- reasonable expectation of privacy in place searched, and thus standing?
Govt Agent (definition) (3)
- police officers (on or off duty)
- private citizens under police direction
- private security IF deputized w/ arrest power
Reasonable expectation of privacy (4th)
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
Physical Intrusion (using trackers)
- 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
Standing (reas expect of privacy in place searched)
only has right to challenge lawful invasion of HIS OWN RIGHTS (no 3rd p)- therefore evidence unlawfully obtained may be used
Reasonable expectation of privacy IN: (4)
- OWNED premises (house, car)
- don’t own BUT RESIDE
- OVERNIGHT GUESTS
- OWNED PROP if reasonable expectation of privacy in place seized
**NOT another person’s residence and solely for business purposes
Reas Exp of Priv in Car searched? (4)
IF REAS EXP OF PRIV IN:
- area from which stuff was seized
- if own car
- if driver
OR - 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
“Does warrant comply with Constit?” (issue #2) (5)
- neutral and detached magistrate
- particularly describes place to be searched and item to be seized
- supported by PC
- “good faith” if invalid
- proper execution
Neutral/Detached magistrate (satisfied vs not)
S: when judge reads even for 5 min
NOT:
- financial stake in issuing warrant
- doesn’t read warrant
- takes active role
Particularly Describe (warrant validity)
V: barn located behind the home at 101 Main St Tallahassee
NOT: 101 Main st
“Was warrant supported by PC?” (test)
“based on totality of the circumstances whether is a fair probability that the area searched has evidence of crime”
Use of Informants (3)
- may use even if unknown/anonymous
- affidavit may be sufficient even if reliability or credibility of the informer or basis of knowledge not established
- identity need not be revealed
Invalid Warrant (lacking PC)
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
Improper Warrant execution (3)
- noncompliance w terms (ex. searching for elephant, look in dresser)
- staleness (ex. more than 14 days or period stated on warrant)
- “knock and announce” (not grounds for excluding evidence however)
Wiretapping/Eavesdropping
- warrant
- names of people to be overheard
- PC
- desc w/ particularity conversations to hear
- 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
“does search/seizure w/ out warr comply w const” (issue #3) (8)
ESCAPIST
Exigent Circumstances
- hot pursuit
- can pursue into home presuming PC and any evidence/contraband in plain view may be used in prosecution - safety of persons (cops or other)
- risk of destruction of evidence
*applies even when police cause, unless the conduct violates/threatens to violate 4th
Automobile Exception
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
Search incident to arrest (4)
- must be lawful arrest under 4th
- justified by officer safety/preservation of dvid
- contemporaneous in TIME and PLACE
- w/ in Ds IMMEDIATE control (person, clothes, containers within grab zone)
Special rule for searches of cars incident to arrest (2)
scope limited to:
- physical- passenger cabin
- search interior only if
-D unsecured
or
-reason to believe contains evidence of crime for which arrested
Consent
- knowing
- voluntary
SCOPE: limited to areas which a reasonable person would believe it extends
3rd p consent (search/seizure w/out warr) (2)
- Actual authority- actual dominion or control over premises or object (if jointly held)
- 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
Plain View (3)
- lawful access to vantage point
- lawful access to items
- criminality of object immediately apparent
“Special needs Searches”
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
Inventories (special needs search)
requires standard department policy exist and follow
DNA of arrestees (special needs search)
- when part of booking procedure
- arrest for serious offense
AND - PC
Random drug tests (special needs search) (3)
- railroad employees (following accident)
- customs officials (drug interception)
- students (who participate in extracurriculars)
Gov employee desk and files (special needs search)
permissible to find evidence of employee misconduct
Students effects in public schools (special needs search)
permissible to investigate violation of school rules
Border Searches (special needs search)
neither citizens nor non have 4th amendment rights at the border w/ respect to searches of persons and effects
Terry Frisks (2)
- RS
- solely for safety and not discovery of evidence
SCOPE: limited to clothing exterior EXCEPT if police have “specific reliable information” weapon is there
Terry Frisk (special auto rules) (3)
- frisk interior if reas belief weapon present
- order drive and ANY passengers out car even without suspicion of being armed
- any in car can be frisked if RS armed
Terry Frisk “Plain feel doctrine”
if police perform and reasonably and immediately believe that an item is contraband the item can be removed and used in prosecution
“does exclusionary rule apply” (issue #4)(rule)
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
When EXCLUSIONARY does NOT occur (7)
- STATE procedural limits on arrest/search violated
- violation of “knock and announce” w search warrant
- “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
- break in ‘causal link’ -intervening act of free will by D
- “inevitable discovery”
ex. wrongful confession but then find body - illegal search/confession to IMPEACH
- “good faith exception”
“Good Faith Exception” (applicable vs not)
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
Exclusionary Rule Enforcement (4)
- applicability decided by judge OUTSIDE hearing of jury
- may testify at hearing without it being admitted against on issue of guilt
- pros burden - PREPONDERANCE
- exclusion NOT automatic, depends on:
-reasonableness of police conduct
AND
-likelihood exclusion will deter such conduct
Exclusionary rule (need for gov action)(rule and 3)
the evidence or information must be as a result of government conduct:
- police
- informants
- security guards (deputized and arrest power)
