4th Amendment

Question 1

Are arrest warrant required to arrest someone in a public place?

Answer 1

No

Question 2

When is a person “in custody”?

Answer 2

When in the presence of law enforcement, is not free to leave and is thus deprived of his freedom in a significant way.

Question 3

What is required for a valid arrest?

Answer 3

Probable Cause based on police’s own observations or through information from 3rd parties

Question 4

An informant’s tip may serve for probable cause if established by…

Answer 4

1- informants tip containing specific detail;and

2- the reliability of both the details and the informant being confirmed prior to the moment of arrest

Question 5

What is required before police can arrest an individual in his own home?

Answer 5

1. a valid arrest warrant WITH a knock & announce; OR
2. exigent circumstances
   - an arrest it thwarted because D retreats into the home
   - imminent danger that D will escape or evidence will be destroyed
   - hot pursuit supported by probable cause

Question 6

Warrantless Arrests at Common Law

Answer 6

1. Both police officers and citizens may make arrests for felonies committed in their presence and for misdemeanors that amount to a breach of the peace
2. A warrant is required for a misdemeanor that the police officer didnt personally observe

Question 7

What is Probable Cause?

Answer 7

Quantity of facts and circumstances within the police’s knowledge that would warrant a reasonable person to conclude that the individual in question has committed a crime (for arrest), or that specific items related to criminal activity can be found at a particular location (for a search)

Question 8

What is reasonable suspicion?

Answer 8

1. belief based on articulable info that is more than a mere hunch used by a reasonable person that the suspect has or is about to engage in illegal or criminal activity

***flight is not enough for probable cause but is enough for reasonable suspicison

Question 9

What is the terry standard?

Answer 9

1. In order to frisk a stopped individual, reasonable suspicion that the suspect is armed and dangerous is required
2. anonymous tip alone is not enough for reasonable suspicion, BUT coupled with corroboration of some “predictive info” in the tip can justify an investigative stop.

Question 10

What is the stop-and frisk rule?

Answer 10

If a police officer reasonably believed based on his own observations or those of an informant that criminal activity may be afoot, then the officer may stop and briefly question a suspect

***subjectivity doesn;t matter as long as the reasonable suspicion is supported by an objectively reasonable belief

Question 11

When may a person have standing to assert his 4th amendment rights?

Answer 11

1. When he has a legitimate expectation of privacy in the premises searched AND are not held out to the public

*** a car passenger doesn’t have standing to challenge the search of the vehicle but does have standing to challenge the police stop of the vehicle

Question 12

A person has no REP in the following instances

Answer 12

1- handwriting exemplars
2- bank records
3- voice examplars
4- pen registers
5-private convos w/ eavesdropping

***open fields doctrine- curtilage around the home; naked-eye observations of property by air

Question 13

Police Dogs

Answer 13

1- no foul when police dogs are used to sniff out contraband

2- police may NOT prolong traffic stops to wait for drug-sniffing dogs to inspect vehicles

Question 14

What are the search and arrest warrant requirements?

Answer 14

1 - must be issued by a neutral and detached magistrate after an adequate showing of probable cause

2- must describe with particularity the identity of the suspect or the place to be searched

***Plain View doctrine applies for valid search warrants

Question 15

2 Probable Cause Requirements for warrant

Answer 15

1- testimony or affidavit contains up to date and relevant facts or circumstances

2- a reasonable person would conclude it more probable than not that the named person or items will be found

Question 16

When is a warrant that is based on an informant’s tip supported by probable cause?

Answer 16

1- credible info

2- reliable informant

3- police corroboration

4- declaration against interest

Question 17

How can a D challenge the affidavit that established probable cause?

Answer 17

1- substantial showing of false statements

2- statements were made intentionally, knowingly, or in reckless disregard for the truth

3- magistrates finding of probable cause couldnt have been made without the false statements

Question 18

What are the 7 exceptions to the warrant requirement?

Answer 18

1- SITLA- limited to D’s wingspan; includes a cursory protective sweep; can be contemporaneous or precede the arrest; doesn’t include cellphones

2- automobile exception-can be seized for later inspections; containers supported by PC are fair game; SITLA; plain view; inventory search @ impounding; border search

3- plain view

4- consent

5- searches pursuant to a stop

6- hot pursuit

7- exigent circumstances (means must be reasonable)

Question 19

What are the three elements needed to justify a search based on consent?

Answer 19

Voluntariness

Question 20

What is required to justify a search based on 3rd Party consent?

Answer 20

1. the person consenting must have either actual or apparent authority to testify
2. someone with joint control or use of shared premises may consent to a valid search, and evidence obtained is admissible against other occupants

Question 21

Administrative Searches that don’t require warrants

Answer 21

1- warrantless searches of businesses that are traditionally subject to extensive regulation

2- locked room of firearms where public safety is concerned

3- search for highly contaminated food

Question 22

Border Crossings & Checkpoints

Answer 22

1- Incident to national sovereignty, no probable cause is needed for searches done in a routine manner

2- reasonable suspicion is required for an unusually intrusive search

Question 23

Wiretapping Requires a warrant that demonstrates:

Answer 23

1- probable cause

2-warrant names suspect and describes the subject of convo

3- valid for a brief period

***participants in convos arent eavesdropping