4th Amendment

Question 1

Step Five

Exception to Warrant Requirement

Answer 1

1) Arrest without warrant
2) Exigent Circumstance
3) Search Incident to Arrest
4) Automobile search incident to Arrest
5) Automobil Exception
6) Plain View
7) Consent

Question 2

Investigatory Detention

Terry Stop

Answer 2

Police can briefly detain a person even if lack probable cause

• Must have REASONABLE SUSPICION, supported by articulable facts of criminal activity.
• Totality of the Circumstances.

Question 3

Search and Seizure

Answer 3

1) Government Conduct
2) Reasonable expectation of Privacy
3) Did the police have a valid search warrant
4) The warrant not valid, does an officer have a good faith defense showing defective search warrant.
5) Exception to Warrant Requirement

Question 4

Exception to Warrant

Search Incident to Arrest

Answer 4

1) Arrest must be lawful (Probable Cause)
2) Arrest and search must be contemporaneous in the time and place.

3) Geographic Scope:
a) Area in which he can reach to procure a weapon
b) Destroy evidence

Question 5

Exception to Warrant

Search Incident to Automobile Arrest

Answer 5

• Reasonable Belief

Police may search the interior of the automobile incident to arrest only if:

1) The arrestee is unsecured and still may gain access to the interior of the car, OR
2) The police REASONABLY BELIEVE that evidence of the arrestee for which the person was arrested may be found in the car.

Question 6

Valid Warrant

Answer 6

There must be:

1) Probable Cause
2) Peculiarity