4th Amendment — Arrests, Search, Seizure

Question 1

Government action

Answer 1

4th Amend. grants a person protection from unlawful government searches and seizures.

Acts by private individuals are NOT protected

Question 2

Standing is required to:

Answer 2

Challenge a search

Person MUST have a reasonable expectation of privacy
regarding the place or item searched.

Question 3

Reasonable expectation of privacy

Answer 3

Person MUST have a reasonable expectation of privacy regarding the place or item searched

Reasonable Expectation of Privacy = that which they own or possess (applies to overnight guest spaces)

Question 4

SCOTUS has held NO privacy rights for:

Answer 4

(1) paint scrapings taken from a car
(2) bank account records
(3) anything visible from public airspace
(4) garbage left on the curb
(5) voice
(6) odors
(7) handwriting; and
(8) anything that can be seen in or across areas outside one’s home.

Question 5

For an arrest to be proper, police officer must have:

Answer 5

Probable cause

Question 6

Probable cause:

Answer 6

(1) trustworthy facts or knowledge,
(2) sufficient to warrant a reasonable person to believe,
(3) that the person committed a crime.

Officer DOES NOT need firsthand knowledge

Question 7

Request for information

Answer 7

allowed anytime except on whim or caprice

Question 8

Stop and inquire: police must have

Answer 8

(1) a reasonable articulable suspicion,
(2) that criminal activity is afoot.

allows a brief detention for questioning

Question 9

Stop and frisk: police must have

Answer 9

(1) a reasonable articulable suspicion,
(2) that criminal activity is afoot, and
(3) that the person is dangerous

Question 10

Plain feel doctrine

Answer 10

during the frisk, police may only seize items reasonably believed to be contraband or a weapon

based on plain feel from outside clothes

Question 11

Reasonable suspicion

Answer 11

quantum of knowledge sufficient to induce an ordinarily prudent and cautious
person to believe that criminal activity is at hand.

Question 12

seizure

Answer 12

when a reasonable person would have believed that he was not free to leave.

Question 13

Warrant requirement

Answer 13

a warrant is required for all searches and seizures unless an exception applies

Question 14

Valid search warrant requires:

Answer 14

1) Probable cause – reliable info that evidence of illegality will be found;
2) Must state with particularity the place and items to be searched/seized; AND
3) Be issued by a neutral and detached magistrate.

Question 15

Exceptions to warrant requirement

Answer 15

plain view doctrine

exigent circumstances

automobile exception

search incident to arrest

consent

inventory search

stop and frisk – plain feel doctrine

special need (SCOTUS)

Question 16

Plain View Doctrine

Answer 16

police may seize items if:

1) observed in plain view (with any of the 5 senses),
2) from a place lawfully permitted to be, AND
3) probable cause exists to believe the items are evidence of a crime or contraband.

Question 17

Exigent Circumstances

Answer 17

allows a warrantless search if:

a) evidence is evanescent (it will dissipate or disappear);
b) it’s necessary to prevent the imminent destruction of evidence;
c) the police are in hot pursuit of a felon and evidence is in plain view; OR
d) the emergency aid exception applies

Question 18

Automobile exception

Answer 18

allows a warrantless search if probable cause exists that contraband/evidence of a crime will be found in the vehicle.

Police can search entire vehicle, PLUS packages, luggage, containers that may reasonably contain the items for which there is probable cause.

In order to search after a traffic stop → police need probable cause prior to the search.

Question 19

Search Incident to Arrest

Answer 19

police may search a suspect’s person + “wingspan”

If arrested in an automobile → wingspan includes the passenger’s compartment and any
containers found in the car (if reason to believe it contains contraband).

Question 20

Consent (search warrant exception)

Answer 20

must be given freely, voluntarily, and intelligently.

A third-person with authority MAY consent.

If 2 or more people share authority → any one of them may consent, but police cannot search private areas (that only the non-consenting person has authority to give [i.e. private
bedroom]).

Question 21

Inventory Search

Answer 21

allows a warrantless search when a person is incarcerated OR for an impounded vehicle.

Inventory search must be:
(1) reasonable; AND
(2) conducted pursuant to established police agency procedures (that are designed to meet
the legitimate objectives of the search while limiting the discretion of the officer in the field).