4th Amendment

Question 1

Arrest

Answer 1

An arrest occurs when police take an individual into custody for purposes of criminal prosecution or interrogation.

Question 2

Probable cause is required for any valid arrest

Answer 2

Probable cause = trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is planning to commit a crime.

Question 3

Warrants are rarely required for arrests

Answer 3

Unless an arrest occurs in the arrestee’s own home, the govt. does not need a warrant to make an arrest.

• A warranty is not required for an emergency arrest occurring in the arestee’s home.

Question 4

Dententions

Answer 4

A governmental seizure of a person that is lesser than an arrest.

Question 5

Dententions

Stop & Frisk

Answer 5

Requires reasonable suspicion

Question 6

Dententions

Automibile Stop

Answer 6

Requires reaonable suspicion

Question 7

Dententions

Stationhouse Detention

Answer 7

Probable cause required to compel a person to enter a govt. location for fingerprinting, questioning etc.

Question 8

Dententions

Denention to obtain a search warrant

Answer 8

Requires probable cause

• If police have probable cause to believe a suspect has contraband hidden in her home, they may prevent her from entering her home for a reasonable time while they obtain a search warrant.
• Purpose must be to prevent destruction of evidence

Question 9

Dententions

Denention of occupants of a premises

Answer 9

If police have a vlaid warrant to search premises, they may detain occupants for duration of the proper search.

Question 10

Determining the validity of an evidentiary search & seizure

Answer 10

Govt. searches and seizures of evidence must be reasonable under the 4th Amend, which requires a vlaid search warrant, unless one of the six exceptions applies.

Question 11

Determining the validity of an evidentiary search & seizure

Determining the reasonableness of a seach or seizure:

Answer 11

1. Is the govt. conduct constituting a search or seizure?
   
   1. 4A only applies to govt. conduct (direct or authorized)
2. Does the D have standing?
   
   1. D must have a reasonable expectation of privacy in the thing or place to be searched.
3. Is there a valid search warrant?
4. If there is no valid search warrant, was there a valid excpetion to the search warrant requirement?

Question 12

Excetptions to the search warrant requirement:

(6)

Answer 12

1. Search incident to arrest
2. Plain view search
3. Automobile search
4. Valid consent search
5. Exigent circumstances
6. Stop & frisk

Question 13

Reasonable Expectation of Privacy

Answer 13

4A only applies if a person have a reasonable expectation of privacy regarding the thing or place searched and/or the items seized

• Standing to challeneg a govt’ search requires a reasonable expectation of privacy
• REOP is determined by the totality of the circumstances.

Question 14

No REOP for inherently public things

Answer 14

Handwriting, voice, location, odors, public records, things viewable from public space, garbage placed outside.

Question 15

Automatic Standing REOP

Answer 15

REOP always exits if D either:

1. Owns, has a right to possess, or lives in the premises to be searched, or
2. Is an overnight guest of the premises to be searched.

Question 16

Requiremens for a Valid Search Warrant

Unless an exception applies, govt. must have a property executed warrant to conduct a search.

Based on Probable Cause

Answer 16

Usually a police affidavit demonstrating probable cause that the search or seizure will produce evidence.

• Affidavits:
  
  • Must contain facts showing probable cause
  • May include information from anonymous sources
  • If based on false information, warrant is invalid

Question 17

Requiremens for a Valid Search Warrant

Unless an exception applies, govt. must have a property executed warrant to conduct a search.

Precise on its face

Answer 17

Warrant must describe, with reasonable precision, the plae to be searched and/or items to be seized.

Question 18

Requiremens for a Valid Search Warrant

Unless an exception applies, govt. must have a property executed warrant to conduct a search.

Issued by a neutral and detached magistrate

Answer 18

If this requirement is violated, evidence seized cannot be admitted under the good faith relaince exception.

Question 19

Requiremens for a Valid Search Warrant

Places searchable pursuant to a warrant

Answer 19

Almost everywhere:

• Warrants can be issued for any location where the govt. has probable cause to believe there is evidence to be seized.

Question 20

Execution of Search Warrants

Timing

Answer 20

Search warrants must be executed without unreasonable delay after it is issued.

Question 21

Execution of Search Warrants

Knock and Announce Requirement

Answer 21

Police must knock and announce their purpose, then wait a reasonable time for admittanc before entering on their own accord.

Question 22

Execution of Search Warrants

Knock and Announce Requirement

Exception

Answer 22

Knock and announce is not required if officers have reasonable suspicion that announcing their presence would be dangerous, futile, or would inhibit the investigation.

Question 23

Execution of Search Warrants

Scope of Search

Answer 23

Police can seize any evidence of criminal activity they discover, even if not included in the warrant

• Basis is plain view exception to search warrant
• Police can detain people found on the searched premises
  
  • But, police may not search detained person unless they are specifically named in the warrant or a vlaid warrantless search exception exists.