4th amendment Flashcards
Search and Seizure
When does the 4th amendment apply
The Fourth Amendment applies only to searches and seizures conducted by police or someone acting under police direction.
Warrantless search of an automobile SITA
In order to justify a warrantless search of an automobile incident to arrest, the Fourth Amendment requires that law enforcement demonstrate either (i) that the arrestee is within reaching distance of the passenger compartment at the time of the search and, as a result, may pose an actual and continuing threat to the officer’s safety or a need to preserve evidence from being tampered with by the arrestee or (ii) that it is reasonable that evidence of the offense of arrest might be found in the vehicle.
Should a charge be dismissed if the defendant was illegally arrested pursuant to a valid arrest warrant?
An illegal arrest does not prevent the subsequent prosecution of the person who is illegally arrested. While evidence seized as a consequence of an illegal arrest may be suppressed under the fruit of the poisonous tree doctrine, and the charge may be thrown out if such evidence is necessary for conviction, however when the defendant has a warrant for her arrest that charge against her should not be dismissed.
Who has standing in an a motion to suppress evidence grounded on violations of the 4th amendment?
To prove a violation of her Fourth Amendment rights, a defendant must have a legitimate expectation of privacy in the premises searched.
When can an officer search a suspect without a warrant?
A warrantless search is valid if it is made incident to a lawful arrest and if it is reasonable in scope. In situations in which a felony has been committed outside the presence of the one making the arrest, a police officer may arrest anyone whom he has probable cause to believe has committed a felony. Police also can require that the detained person identify herself.
Can an officer arrest a suspect in someone else’s home?
A police officer may not arrest a person in another person’s home without a search warrant, absent exigent circumstances or valid consent.
When can a voluntary confession be suppresses?
A voluntary confession made after an unlawful arrest will not automatically be suppressed. Note, however, that the unlawfulness of the arrest may be considered as a factor when determining whether a confession was truly voluntary. If the confession is too closely tied to the illegal arrest, it may be suppressed.
Do defendants detained have a reasonable expectation of privacy?
A pretrial detainee may have a limited expectation of privacy in his cell, but a convicted prison inmate has no reasonable expectation of privacy in his cell. The limitations on Fourth Amendment rights are justified by the need to maintain institutional security and preserve internal order and discipline
Is an anticipatory warrant unconstitutional?
An anticipatory warrant is not unconstitutional simply because the items to be seized are not located on the premises to be searched at the time that the warrant is issued. The probable cause requirement is satisfied where, at the time that the warrant is issued, there is probable cause to believe that the triggering condition will occur and, if that condition does occur, there is a fair probability that contraband or evidence of a crime will be found in a particular place.
Is a person who gets out of the car able to be stopped because of the suspicion an officer has of the driver?
The fact that she had been in the car is not enough to support the search. Search or seizure is constitutional if it is pursuant to a warrant based on probable cause or if it falls under an exception to the warrant only. If departure would endanger the public or lead to the destruction or loss of evidence then ok to stop her.
