4th Amendment — Arrests, Search, Seizure Flashcards
Government action
4th Amend. grants a person protection from unlawful government searches and seizures.
Acts by private individuals are NOT protected
Standing is required to:
Challenge a search
Person MUST have a reasonable expectation of privacy
regarding the place or item searched.
Reasonable expectation of privacy
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)
SCOTUS has held NO privacy rights for:
(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.
For an arrest to be proper, police officer must have:
Probable cause
Probable cause:
(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
Request for information
allowed anytime except on whim or caprice
Stop and inquire: police must have
(1) a reasonable articulable suspicion,
(2) that criminal activity is afoot.
allows a brief detention for questioning
Stop and frisk: police must have
(1) a reasonable articulable suspicion,
(2) that criminal activity is afoot, and
(3) that the person is dangerous
Plain feel doctrine
during the frisk, police may only seize items reasonably believed to be contraband or a weapon
based on plain feel from outside clothes
Reasonable suspicion
quantum of knowledge sufficient to induce an ordinarily prudent and cautious
person to believe that criminal activity is at hand.
seizure
when a reasonable person would have believed that he was not free to leave.
Warrant requirement
a warrant is required for all searches and seizures unless an exception applies
Valid search warrant requires:
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.
Exceptions to warrant requirement
plain view doctrine
exigent circumstances
automobile exception
search incident to arrest
consent
inventory search
stop and frisk – plain feel doctrine
special need (SCOTUS)
Plain View Doctrine
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.
Exigent Circumstances
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
Automobile exception
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.
Search Incident to Arrest
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).
Consent (search warrant exception)
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]).
Inventory Search
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).
