4th Amendment Flashcards
What are examples of lawful reason to be in a dwelling?
Warrant, consent, exigent circumstances
What are the 3 requirements the government must meet for a permissible plain view seizure of evidence?
- LEO must have a lawful right to be there
- Evidence must be IMMEDIATELY APPARENT
- Lawful right to ACCESS the object
What are 3 ways to make a valid arrest?
- Federal Statutory Authority
- Peace Officer Status
- Citizen’s Arrest
What are the different ways you can obtain an Arrest Warrant?
- Criminal Complaint
- Grand Jury Indictment
- Information
What are the 3 requirements for a lawful arrest?
- PC
- Arrest Authority
- Lawful right of access to the suspect
What are the common occurrences when it comes to Felony Arrest warrants W/O a search warrant?
- In Public
- In a SUSPECT’s residence
- Third Party residence
What are the 3 primary purposes of Knock and Announce?
- Reduce potential for violence
- Prevent needless destruction of property
- Individual’s right of privacy in their home
What are examples of Exigent Circumstances?
- Destruction of evidence
- Hot Pursuit
- Emergency Scene
What elements do you need for a Hot Pursuit?
- PC of FELONY
- PC that suspect enter premises
- IMMEDIATE and CONTINUOUS Pursuit from Public to Private
What are the 2 requirements for a Mobile Conveyance?
- PC to believe that evidence of a crime is in vehicle
2. Vehicle must be “Readily Mobile”
Which Supreme Court case started the Mobile Conveyance?
Carroll v. US (1925) established the “Carroll Doctrine”
What is the 4 part test to determine imminent destruction of evidence, justifying a warrantless entry?
- Evidence of PC
- Only for Serious Crimes where destruction of evidence is likely
- Scope at minimum intrusion
- Supported by clearly defined indicators of exigency, not manipulated or abused by police
What are the 3 distinct reasons for SIA outlined in Chimel v. CA?
- Discover Weapons
- Prevent the destruction or concealment of evidence
- Means of escape
When can an officer make a lawful entry into a person’s home to make an arrest?
- Warrant
- Consent
- Exigent Circumstances
When can an officer make a misdemeanor arrest?
When the offense has been committed in the officer’s presence; otherwise get an arrest warrant
What is the difference in level of PC when making an arrest with or without an arrest warrant?
Nothing, they are the same
What is Title 18 USC 3109?
Knock and Announce Statute
What are the 3 steps in a “Knock and Announce” statute?
- Knock and Announce who you are
- Why you are there
- What you want
What is a protective sweep?
Quick and limited search of premises incident to an arrest
What ares can be searched during a protective sweep?
Those areas where an individual might be found
What are the 2 kinds of protective sweeps?
- Automatic - after arrest, may look in areas immediately adjoining the place of arrest (Plain view applies)
- Extended - must be able to articulate that areas outside “automatic” harbors an individual posing a danger
What are the 3 rationales for a SIA?
- Discover weapons
- Prevent destruction or concealment of evidence
- Means of escape
What are the 3 requirements for a SIA?
- Lawful (PC of a crime and arrest)
- “Substantially Contemporaneous” to an arrest
- Area to be searched must be currently accessible by the suspect
What is in the scope of SIA?
- Person (body)
- Area within suspects “immediate control”
- Vehicles (Custodial Arrest)
What are the 2 situations when a passenger compartment of a vehicle can be SIA?
- Suspect is close to the vehicle and could readily access the passenger compartment
- When LEO has reason to believe the passenger compartment has evidence of the crime
Who can request a Federal Search Warrant?
- FLEO
- Attorney for the government
When can a federal judge issue a FSW outside their jurisdiction?
When the person/property were inside the district at the time of the issuance of the warrant, but has since moved away
What is the scope of a magistrate judge issuing a FSW during a terrorism investigation?
As long as the judge presides in any of the districts the terrorist activities have occurred
What must every search warrant describe particularly?
- Place to be searched
- Person or things to be seized
What are examples of the “nexus” requirement?
- Direct observations by LEO
- Nature of crime
- Nature of items sought
- Opportunity for concealment
- Normal inferences as to where items are hidden
What types of items can be seized in a warrant?
- Evidence of a crime
- Contraband/Fruits of a Crime
- Property designed for use in a crime
- Person to be arrested
What is the purpose of a Telephonic Search Warrant (Rule 41)?
To encourage FLEOs to seek search warrants in situations when they might otherwise conduct warrantless searches
When can a FSW be executed?
- During “daytime” hours (0600-2200)
- Nighttime execution by specific request
What 2 periods of time can a SW be executed?
- Specified time on the warrant
- If no time, no longer than 14 days from issuance
What are the 3 distinct justifications for detaining occupants of a premises during the execution of a FSW? (Summers Doctrine)
- A legitimate LE interest preventing flight in the event illegally possessed items found
- Societal interests in minimizing the risk of harm to officers serving SW
- Occupants of the premises may assist in orderly completion of search
