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Exam 4 > 4th amendment > Flashcards

4th amendment Flashcards

1
Q

what 3 things do you need for an arrest?

A

1) PC
2) lawful authority
3) lawful access

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2
Q

what are the requirements for a felony warrantless arrest?

A
  • PC

- the person must be in a public area

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3
Q

what do you need to serve a warrant in the suspects home (felony)?

A
  • establish residency
  • establish suspect is inside during time of arrest
  • knock and announce
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4
Q

what do you need to serve a warrant in a 3rd party home (felony)?

A
  • consent OR
  • a search warrant OR
  • exigent circumstance
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5
Q

what are the requirements for a misdemeanor warrantless arrest?

A
  • PC
  • must be committed in officers presence
  • defendant must be in public area
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6
Q

what does the knock and announce rule apply to?

A
  • dwellings ONLY

**does not apply to businesses, barns, sheds

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7
Q

before you enter a dwelling you must….

A
  • knock and announce and wait to get refused entry before breaking in!
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8
Q

what is breaking?

A
  • any unannounced entry into a dwelling

**ex: turning a door knob and entering

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9
Q

what commands do you give the suspect when knocking?

A
  • POLICE, WARRANT, OPEN THE DOOR!
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10
Q

what are examples of refusals?

A
  • silence
  • running
  • destruction of evidence (flush toilet, shredder)
  • gunfire
  • verbal refusal
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11
Q

what is knocking?

A
  • literal knocking
  • telephone call
  • bullhorn/loud speaker
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12
Q

how do you establish that “he’s currently inside home”?

A
  • car parked in driveway
  • surveillance
  • he answers home phone
  • neighbors
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13
Q

how do you establish his “residency”?

A
  • his drivers license address
  • utility bills
  • surveillance
  • neighbors
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14
Q

when is knock and announce NOT required?

A
  • when knocking is dangerous
  • hot pursuit
  • no knock warrant
  • successful ruse (pretend to be cable guy)
  • destruction of evidence
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15
Q

when should you get a no knock warrant?

A
  • if you anticipate danger or violence

- if you anticipate destruction of evidence

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16
Q

can you still enter without knocking if a judge denies a no knock warrant?

A
  • Yes, depending on circumstances
17
Q

what are the consequences for entering without a warrant?

A
  • civil liability
  • administrative discipline
  • possible criminal prosecution
18
Q

does the exclusionary rule apply to warrants?

A
  • NO
19
Q

who can issue search warrants

A
  • any FEDERAL judge

- a state court judge from a COURT OF RECORD

20
Q

follow these rules to get a warrant:

A
  • real property/ personal property / vehicles: district where the property is located.
  • terrorism: district where the crime occurred
  • stored emails: district where the crime occured
21
Q

in order for a judge to issue a warrant he has to be _____ and _____.

A
  • neutral and detached
22
Q

what is neutral and detached?

A
  • judge can’t have financial interest in the crime
  • judge can’t have family ties to the party
  • judge can’t participate in investigation or prosecution of the case.
23
Q

what are the components of an affidavit search warrant?

A
  • PC the crime was committed
  • probably items exist from the crime
  • PC items are at the location to be searched and the time of search.
24
Q

staleness

A
  • PC is lacking
  • factors: age of info, nature of evidence, nature of location
  • to determine if info is stale
25
Q

particularity requirement for 4th amendment:

A
  • warrant must particularly describe the place to be search and the people and items to be seized.
26
Q

what two purposes does particularity serve?

A

1) limits scope of the search
2) puts citizen on notice about which items police will take.

**GENERAL SEARCHES VIOLATE THE CONSTITUTION

27
Q

particularity descriptions:

A
  • stolen property: make, model, serial #
  • people: race, gender, height, weight
  • vehicle: color, make, model

** “reasonable certainty” is the legal standard

28
Q

what does the Federal Rule 41 (c) allow you to seize?

A
  • evidence of a crime
  • contraband
  • fruits of a crime
  • person to be arrested or lawfully restrained
  • property designed for use, intended for use, or used in commission of a crime.
29
Q

what happens if the warrant has errors?

A
  • it is still valid with the exception of certain errors
30
Q

what errors invalidate warrants?

A
  • no list of items seized on the warrant itself

- no property address or description of the property on the warrant itself.

31
Q

what happens if there is an error in the address of a warrant?

A
  • NO PROBLEM as long as you have a good physical description of the location in the warrant
32
Q

what happens if there are unintentional false statements on the warrant?

A

OK

33
Q

what happens if there are intentional false statements on the warrant?

A
  • false statements entered KNOWINGLY are INVALID

- false statements were NECESSARY for pc, INVALID

34
Q

telephonic search warrants:

A
  • quicker than regular search warrants (30 - 60 mins)
  • courts prefer this before warrantless search
  • time is of the essense
  • federal judge dispense with the application for a search warrant

Exam 4 (12 decks)

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