4th Amendment: Application to Arrest / Search & Seizure

Question 1

Exclusionary Rule

Answer 1

The exclusionary rule prevents wrongfully obtained evidence and “fruit of the poisonous tree” from being admitted in court.

Exceptions:
1) inevitable source
2) independent source
3) attenuation (too far removed)
4) good faith reliance on warrant by police
5) isolated police negligence
6) failure to knock and announce
7) in-court ID

Courts can refuse to grant new trial over harmless error – illegal evidence did not contribute to conclusion

Question 2

Stop & Frisk

Answer 2

Temporary detention that constitutes seizure if the officer restrains liberty of a citizen through physical force or show of authority

Question 3

Arrest Warrant Requirements

Answer 3

An arrest warrant requires:

1) issuance by detached magistrate,
2) finding of probable cause,
3) support by oath/affidavit,
4) description of D and crime with particularity

A deficient warrant doesn’t mean D is free - if there is probable cause no warrant is required

Question 4

Search Warrant Requirements

Answer 4

A search warrant requires:

1) issuance by detached magistrate,
2) finding of probable cause,
3) support by oath/affidavit,
4) description of places to be searched and items to be seized with particularity

Question 5

Warrantless Arrest

Answer 5

Arrest warrant is not needed for arrest in a public place or when a felony or misdemeanor is committed in arresting party’s presence

Invalid arrest alone is not a defense to crime charged but may affect evidence

Question 6

What is a “search” ?

Answer 6

“Search” refers to a search by government actor in a space where a D has a reasonable expectation of privacy

Question 7

Reasonable Expectation of Privacy - Examples

Answer 7

1) Home/curtilage, hotel rooms, business premises
2) Luggage (subject to canine sniff)
3) Automobiles (need for reasonable suspicion to stop and PC for pre-textual stops)
4) Tech device (attaching a device is a search

There is NO REP: open areas, odors from car

Question 8

Exceptions to Warrant Requirement

Answer 8

SADSPACES
1) Search incident to lawful arrest (wingspan; protective sweep of home),
2) ADministrative search of highly regulated industry
3) Stop & frisk (reasonable suspicion needed)
4) Plain-view doctrine
5) Automobile (may search car if there’s PC that it contains contraband or criminal evidence)
6) Consent
7) Exigent Circumstances (hot pursuit/emergency),
8) Special gov purpose (ex: Warrant authorizing wiretapping (PC/limited time)