4th Amendment Flashcards
Arrest
An arrest occurs when police take an individual into custody for purposes of criminal prosecution or interrogation.
Probable cause is required for any valid arrest
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.
Warrants are rarely required for arrests
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.
Dententions
A governmental seizure of a person that is lesser than an arrest.
Dententions
Stop & Frisk
Requires reasonable suspicion
Dententions
Automibile Stop
Requires reaonable suspicion
Dententions
Stationhouse Detention
Probable cause required to compel a person to enter a govt. location for fingerprinting, questioning etc.
Dententions
Denention to obtain a search warrant
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
Dententions
Denention of occupants of a premises
If police have a vlaid warrant to search premises, they may detain occupants for duration of the proper search.
Determining the validity of an evidentiary search & seizure
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.
Determining the validity of an evidentiary search & seizure
Determining the reasonableness of a seach or seizure:
- Is the govt. conduct constituting a search or seizure?
- 4A only applies to govt. conduct (direct or authorized)
- Does the D have standing?
- D must have a reasonable expectation of privacy in the thing or place to be searched.
- Is there a valid search warrant?
- If there is no valid search warrant, was there a valid excpetion to the search warrant requirement?
Excetptions to the search warrant requirement:
(6)
- Search incident to arrest
- Plain view search
- Automobile search
- Valid consent search
- Exigent circumstances
- Stop & frisk
Reasonable Expectation of Privacy
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.
No REOP for inherently public things
Handwriting, voice, location, odors, public records, things viewable from public space, garbage placed outside.
Automatic Standing REOP
REOP always exits if D either:
- Owns, has a right to possess, or lives in the premises to be searched, or
- Is an overnight guest of the premises to be searched.
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
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
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
Warrant must describe, with reasonable precision, the plae to be searched and/or items to be seized.
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
If this requirement is violated, evidence seized cannot be admitted under the good faith relaince exception.
Requiremens for a Valid Search Warrant
Places searchable pursuant to a warrant
Almost everywhere:
- Warrants can be issued for any location where the govt. has probable cause to believe there is evidence to be seized.
Execution of Search Warrants
Timing
Search warrants must be executed without unreasonable delay after it is issued.
Execution of Search Warrants
Knock and Announce Requirement
Police must knock and announce their purpose, then wait a reasonable time for admittanc before entering on their own accord.
Execution of Search Warrants
Knock and Announce Requirement
Exception
Knock and announce is not required if officers have reasonable suspicion that announcing their presence would be dangerous, futile, or would inhibit the investigation.
Execution of Search Warrants
Scope of Search
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.
