4th Amendment: Evidentiary Search & Seizure; "Stop & Frisk"

Question 1

What are the standards for a “stop and frisk”?

Answer 1

Police may stop a person WITHOUT probable cause for arrest IF:
- he has an ARTICULABLE and REASONABLE suspicion of criminal activity

IF officer also REASONABLY BELIEVES person may be ARMED AND DANGEROUS:
- he may conduct a protective frisk

Question 2

In stop and frisk, may officer require detainee to state his name?

Answer 2

yes

Question 3

With regards to stop and frisk, what is the permissible scope of the intrusion?

What about with regards to car stop?

Answer 3

Scope of frisk –> limited to putdown of outer clothing, unless officer has specific information that weapon is hidden in a particular area of clothing

With regards to car stop –> IF officer has REASONABLE BELIEF that an occupant is DANGEROUS, he may:

1. order occupants out of stopped car
2. frisk them
3. search passenger compartment

Question 4

With regards to stop and frisk, what is the rule with regards to “plain feel”?

Answer 4

During putdown, officer may seize any item that officer REASONABLY BELIEVES, based on it’s PLAIN FEEL is:

1. weapon; or
2. contraband

Question 5

What is the warrant exception for “hot pursuit”?

Answer 5

Police in HOT PURSUIT of a fleeing felon may make a warrantless search and seizure, and may even pursue suspect into a private dwelling

Question 6

What is the warrant exception for “exigent circumstances”?

Answer 6

Police may enter home without a warrant under “exigent circumstances”, provided that police didn’t create the exigency by violated 4th amendment

Example –> reason to believe evidence will be destroyed

Question 7

What is the warrant exception for “evanescent evidence”?

Answer 7

Police may seize without a warrant for evanescent evidence (ie..evidence likely to disappear before a warrant can be obtained)