4th Amendment Flashcards
4th Amendment does what?
Protects citizens from unreasonable searches and seizures
An arrest must be based on . . .
Probable Cause
Arrest warrants are generally not required when?
Public place
A warrant will be required for a non-emergency arrest where?
In D’s home
Does an arrest for the purposes of fingerprinting or interrogation require a warrant?
Yes
What is a Terry stop?
The brief detention of a person despite a lack of probable cause
When can police execute a Terry stop?
When they have a reasonable suspicion supported by articulable facts of criminal activity
For a Terry stop to be proper, reasonable suspicion of criminal activity must be supported by what?
Articulable facts
Whether police have reasonable suspicion depends on what?
Totality of the circumstances
The police may stop a car if they have at least ____ _____ that the law was violated.
Reasonable suspicion.
DUI and Borden Crossing roadblocks are OK as long as what is true of their application?
Neutrally applied.
Police use of sniffing dogs during a routine traffics stop is NOT a search as long as what is true?
The police do not extend the stop beyond the time needed to issue a ticket or conduct normal inquiries.
Can a dog alert to the presence of drugs DURING a routine traffic stop form the basis for probable cause?
Yes
Can the police, without probable cause, use drug sniffing dogs outside of someone’s home?
No
Five questions to ask in every search and seizure question.
Gov’t conduct?
Reasonable expectation of privacy?
Valid search warrant?
If not, does the officer have a good faith defense to save the defective warrant?
If no and no OR no warrant at all, any exceptions to the warrant requirement?
If police ask your roommate to search your room, gov’t conduct?
Yes
If an off-duty PO performs a search, gov’t conduct?
Yes
Privately paid police actions not NOT constitute gov’t conduct UNLESS . . .
They are deputized with the power to arrest.
Three examples of privately paid police?
Store security
Subdivision police
Campus police
Three categories of automatic standing to say that you had a reasonable expectation of privacy.
You own the property
You live on the premises
You were an overnight guest of someone
If you own the property SEIZED, you have standing ONLY IF you have a reasonable expectation of privacy in what?
The item or area searched
You have NO expectation of privacy, and therefore no standing for anything that you ____ ___ __ ___ _____ everyday
Hold out to the public
Privacy in the sound of your voice?
No
Privacy in the style of your handwriting?
No
Privacy in the paint on your car?
No
Privacy in account records held by the bank?
No
Privacy in monitoring the location of your car on a public street or in your driveway?
No
Will installation of a GPS unit on a suspect’s car constitute a search?
Yes
Privacy in anything that can be seen across your open fields?
No
Privacy in anything that an be seen from flying over in public airspace?
No
Privacy in the odors emanating from your property?
No
Privacy in your garbage in your house?
Yes
Privacy in your garbage set out on the curb?
No.
What are the two core requirements of a facially valid search warrant?
Probable cause AND particularity
Standard for probable cause?
A fair probability that contraband or evidence of a crime will be found in the area searched.
What does it mean that a warrant requires particularity?
The warrant must state with particularity the PLACE to be searched and the THINGS to be seized.
If an officer’s affidavit of probable cause is based on information obtained from informants, its sufficiency is determined by what?
Totality of the circumstances.
Can a valid warrant be based wholly on an anonymous informant?
No
Can a valid warrant be based in part of an anonymous informant?
Yes
When can “no knock entry be permitted in the execution of a search warrant?
If exigent circumstances exists.
Will an officer’s good faith reliance on a search warrant overcome defects with probable cause of particularity requirements?
Yes
What are the four exceptions to the rule that an officer’s good faith reliance on a search warrant will overcome defects with probable cause of particularity requirements?
The underlying affidavit is so lacking in probable cause that no reasonable PO would have relied on it.
The underlying affidavit is so lacking in particularity that no reasonable PO would have relied on it.
The PO or prosecutor lied to or misled the magistrate when seeking the warrant
Magistrate was biased and has abdandoned neutrality
As an exception to the warrant requirement, an officer may search a suspect “incident to arrest” when the arrest was ____
Lawful
Under the search incident to arrest exception to the warrant requirement, what must be true of the arrest and search
Same time and place
Under the search incident to arrest exception to the warrant requirement, what can be searched?
Person and areas within reach
Under the search incident to arrest exception to the warrant requirement, an officer can search the interior of an auto ONLY IF one of the following two are true. . .
Arrestee is unsecured and still may gain access to the interior of the vehicle OR
The police reasonably believe that evidence of the offense may be found in the vehicle.
Under the search incident to arrest exception to the warrant requirement, does it matter that what was found in the search was different than what gave rise to search>
No
Under the search incident to arrest exception to the warrant requirement, what is the car didn’t reek of alcohol and was a straight DUI arrest? Would the officer have grounds under prong 2 of Gant (reasonably believe evidence of the offense is in the car) to search the interior?
Undecided.
Can the police, without a warrant, search digital information on cell phones seized from an arrested individual?
No
In order for police to search anything or anybody and fall under the automobile exception, they must have what?
Probable cause
Under the automobile exception to the warrant requirement, If BUT ONLY IF, before searching anything or anybody, the police have probable cause, then they can search. . .
The entire car
Under the automobile exception to the warrant requirement, if there is probable cause, the police may open (without a warrant) any package, luggage or other container which could ____________ _____________ the time they had probable cause to look for.
Reasonably contain
The probable cause necessary to justify the warrantless search of an auto under the automobile exception can arise after the car is stopped BUT it must arise before . . .
Anything or anyone is searched.
Explain the plain view exception to the warrant requirement.
If it is immediately apparent that an item in plain view is contraband OR a fruit of a crime, the officer can seize that item without a warrant AS LONG AS he is legitimately present at the location where he does the viewing.
For consent to a warrantless search to be valid, it must be ______.
Voluntary
Can there be voluntary consent if the police lie about the fact that they have a warrant?
No
When can a co-occupant consent to a search?
When two or more people have an equal right to use a piece of property, either can consent to the search if the other is not there or does not object.
When can a co-occupant not consent to a search?
When two or more people have an equal right to use a piece of property, both are present, and one person objects. The objection controls.
When can a co-occupant consent to a search despite the objections of the other?
When the other person is removed from the premises for a reason UNRELATED to the refusal.
Legal standard for a Terry stop?
Reasonable suspicion
A Terry frisk is a what?
Pat-down of the outer clothing and body to check for weapons.
Is standing on the corner in gang-affiliated clothing enough to warrant a Terry stop?
No. Close, but no. Not enough for reasonable suspicion.
Officers stop a man on reasonable suspicion, path him down and feel something in his pocket. The officers reach inside and pull out evidence of a previous crime reported in the neighborhood, but not a weapon. Is this evidence admissible? Explain.
Depends.
If the officer reasonably believes by plain feel that the object is a weapon or contraband, it is admissible.
What is the standard by which an officer’s confiscation of an object during a Terry frisk will be judged?
If the officer reasonably believes by plain feel that the object is a weapon or contraband, it is admissible.
What effect if probable cause arises during an investigatory stop?
Detention can become an arrest and the officer can conduct a full search.
If a vehicle is properly stopped for a traffic violation and the officer reasonably believes that a driver or passenger may be armed and dangerous, the office may do what two things?
Frisk the suspect; and
Search the vehicle so long as it is limited to areas in which a weapon may be placed.
Do officers need to get a warrant to take blood?
Yes, if practical to do so.
Do police need a warrant if the evidence is evanescent?
No
What is the time threshold for the “hot pursuit” exception to the warrant requirement?
15 minutes or less behind a fleeing felon.
Before incarceration of an arrestee, the police may search the arrestee’s . . . (2)
Personal belongings; AND
Entire vehicle (including closed containers)
Which public school students can be randomly drug tested?
Any students participating in extracurriculars (including social functions
Warrantless searches of public school children’s effects are OK when?
To investigate violations of school rules.
hree
It offers a MODERATE chance of finding evidence of wrongdoing; AND
The measures adopted to carry out the search are reasonably related to the objectives of the search; and
The search is not excessively intrusive.
T or F? All wiretapping and eavesdropping requires a warrant.
T
Two exceptions to the rule that All wiretapping and eavesdropping requires a warrant?
Unreliable ear (the person to whom you are talking could tell the gov’t–risk assumed by talking to anyone)
Uninvited ear (if convo in public, someone could be listening)
Explain the Community Caretaker Exception to the rule against warrantless searches
Justifies a warrantless search IF an officer faces an emergency that threatens the health and/or safety of an individual or the public.
