4th amendment Flashcards
what 3 things do you need for an arrest?
1) PC
2) lawful authority
3) lawful access
what are the requirements for a felony warrantless arrest?
- PC
- the person must be in a public area
what do you need to serve a warrant in the suspects home (felony)?
- establish residency
- establish suspect is inside during time of arrest
- knock and announce
what do you need to serve a warrant in a 3rd party home (felony)?
- consent OR
- a search warrant OR
- exigent circumstance
what are the requirements for a misdemeanor warrantless arrest?
- PC
- must be committed in officers presence
- defendant must be in public area
what does the knock and announce rule apply to?
- dwellings ONLY
**does not apply to businesses, barns, sheds
before you enter a dwelling you must….
- knock and announce and wait to get refused entry before breaking in!
what is breaking?
- any unannounced entry into a dwelling
**ex: turning a door knob and entering
what commands do you give the suspect when knocking?
- POLICE, WARRANT, OPEN THE DOOR!
what are examples of refusals?
- silence
- running
- destruction of evidence (flush toilet, shredder)
- gunfire
- verbal refusal
what is knocking?
- literal knocking
- telephone call
- bullhorn/loud speaker
how do you establish that “he’s currently inside home”?
- car parked in driveway
- surveillance
- he answers home phone
- neighbors
how do you establish his “residency”?
- his drivers license address
- utility bills
- surveillance
- neighbors
when is knock and announce NOT required?
- when knocking is dangerous
- hot pursuit
- no knock warrant
- successful ruse (pretend to be cable guy)
- destruction of evidence
when should you get a no knock warrant?
- if you anticipate danger or violence
- if you anticipate destruction of evidence
can you still enter without knocking if a judge denies a no knock warrant?
- Yes, depending on circumstances
what are the consequences for entering without a warrant?
- civil liability
- administrative discipline
- possible criminal prosecution
does the exclusionary rule apply to warrants?
- NO
who can issue search warrants
- any FEDERAL judge
- a state court judge from a COURT OF RECORD
follow these rules to get a warrant:
- real property/ personal property / vehicles: district where the property is located.
- terrorism: district where the crime occurred
- stored emails: district where the crime occured
in order for a judge to issue a warrant he has to be _____ and _____.
- neutral and detached
what is neutral and detached?
- 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.
what are the components of an affidavit search warrant?
- 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.
staleness
- PC is lacking
- factors: age of info, nature of evidence, nature of location
- to determine if info is stale
