4th Amendment - Arrest: Unreasonable Seizure of Persons

Question 1

What does the 4th Amendment protect against?

Answer 1

1. Unreasonable Gov’t search & Seizures AND
2. Requires Probable Cause for Gov’t search & Seizures

Question 2

Probable Cause

Answer 2

Police need prob. cause to make an arrest

• Trustworthy facts sufficient for a reas. prudent pers. to believe the suspect committed or was committing a crime

Question 3

What must a search or seizure be to comply with the 4th Amendment ?

Answer 3

It must be reasonable

Question 4

Standing

Answer 4

D must have standing to assert claim

• D has been seized or
• D has a reas. expectation of privacy with regard to the place searched or items seized

Question 5

The 4th Amendment applies only to who?

Answer 5

Actions by the government NOT Private conduct

• Exception - Private party is acting as an instrument or agent of the gov’t

Question 6

When is a person seized by the police?

Answer 6

An arrest is a Seizure

• officer terminates/restrains freedom of movement,
• by means of physical force or show of authority AND
• D actual submits

Question 7

What is the Effect, if under the totality of the circumstances

• Police Intent to restrain is ambiguous OR
• Defendant’s submission is only passive acquiescence

Answer 7

Objective Test

A seizure occurs only if:

1. The totality of the circumstances
2. Would lead a reas. pers. to believe he is not free to leave

Question 8

What are the requirements for intent for an officer’s actions to result in a seizure?

Answer 8

Officer must:

1. intentionally employ phys. force to restrain a suspect OR
2. Show of authority

So long as the requirements are met, the officer’s purpose doesn’t need to be to detain the defendant in order for him to be seized

Question 9

What is a Stop & Frisk?

Answer 9

Temporary Detention

• May still be a seizure for 4th Amend. purposes
• Test - Whether the officer has in some way restrained the liberty of the citizen by means of
  
  1. Physical force OR
  2. Show of Auth.

Question 10

What is the permissible duration of a Terry Stop?

Answer 10

The time necessary to confirm or deny the suspicion

Question 11

What is the effect of the suspicion prompting a terry stop being confirmed?

Answer 11

The suspicion becomes probable cause, and an arrest is justified

Question 12

What is the effect of the suspicion prompting the terry stop being not confirmed ?

Answer 12

The seizure must terminate

Question 13

What are the requirements for a valid Arrest warrant?

Answer 13

A warrant must be issued by:

1. A detached and neutral magistrate
2. Upon the finding of probable cause
3. That a crime has been committed AND
4. That it was the particular defendant who committed the particular crime

Question 14

What is the effect of a deficient warrant on an arrest?

Answer 14

Does not invalidate arrest if:

• Officer making the arrest independently had probable cause for making the arrest

Question 15

What facts support Probable Cause?

Answer 15

• Officer’s personal observations
• Information from reliable, known informant or verified unknown informant
• Evidence:
  
  • seized during stop & based on reas. suspicion,
  • discovered in plain view OR
  • during consensual search

Question 16

What does a warrant to arrest an individual imply?

Answer 16

Authorizes:

1. Entry into the arrestee’s home to serve the warant
   
   • Overnight guest - war. req. to arrest suspect in someone else’s home where suspect spent the night
2. If the police have probable cause to believe that the arrestee is present

Question 17

When is a warrantless arrest permited?

Answer 17

Police can make a valid arrest in a public place, even if they have time to get a warrant

• All that’s needed is probable cause

Question 18

When must an officer have a warrant to make an arrest?

Answer 18

Must have warrant to arrest an individual in his own home

• Exceptions:
  
  • Existence of exigent circumstances OR
  • Valid Consent

Question 19

What is the effect if a crime is committed in the presence of the arresting party?

Answer 19

• A police officer OR private Individual
• Has the right to arrest w/out an arrest warrant
• If a felony or misdemeanor is committed in the presence of the arresting party

Question 20

What is the effect if a crime is committed outside the presence of the arresting party?

Answer 20

• Where a felony has been committed
• Outside presence of:
  
  • Police Officer - May arrest anyone he has probable cause to believe has committed a felony
  • Private Individual - May make arrest only if:
    
    1. A felony has actually been committed AND
    2. the private indiv. reas. believes that the pers. being arrested is guilty

Question 21

Misdemeanor arrest

Answer 21

A warrantless arrest of a pers. for a misd. punishable only by fine is not an unreas. seizure under the 4th Amend.

• Misdemeanor must have been committed in the presence of the arresting party

Question 22

What is the effect of an invalid arrest?

Answer 22

1. no bearing on a subsequent criminal prosecution
   
   • Not a defense to the crime charged
2. If cops have PC to detain, they can do so even if they illegally arrested him (e.g. in home w/ no warrant)
3. BUT if there’s a seizure of evidence :
   
   • Evidence seized may be suppressed at trial
   • Vol. confession after unlawful arrest won’t auto. be suppressed (may be considered as factor when determining if confession was truly vol.)

Question 23

What is required for an arrest?

Answer 23

Prob. Cause is always required for an arrest

Question 24

Wht are types of exigent Circumstances?

Answer 24

1. The offense is more serious than a monor misdemeanor
2. Officer didn’t unlawfully create the exigency, AND
   
   1. An arrest attempt outside the home is thwarted b/c suspect retreats into the home
   2. There’s insuff. time to get war. b/c delay would allow subj. to evade arrest or destroy ev. OR
   3. Arresting officer is in hot pursuit and has prob. cause to effect a valid arrest