4th Amendment Search and Seizure

Question 1

What is the Exclusionary Rule?

Answer 1

Evidence obtained in violation of the 4th, 5th, or 6th Amendments is excluded in the criminal prosecution. The fruit of the poisonous tree doctrine applies the exclusionary rule to illegally seized evidence, as well as all evidence discovered as a result of police illegality.

Question 2

What is the 4th Amendment?

Answer 2

The 4th Amendment protects persons from unreasonable searches and seizures.

Question 3

How are 4th Amendment Issues Analyzed?

Answer 3

(1) Was there Government Conduct? (i.e. police action)
(2) Does the Defendant have an objectively reasonable and subjectively expect privacy?
(3) If the Defendant had a reasonable expectation of privacy, was there a valid warrant to perform the search?
(4) If a search was performed without a valid warrant, is there a warrantless search exception?

Question 4

When are Terry Stop and Frisks legal?

Answer 4

Police can briefly detain a person without probable cause where they have

(1) reasonable suspicion
(2) supported by articulable facts of criminal activity

Police checkpoints are permissible so long as they use a neutral, articulable standard (i.e. sobriety stops or border checkpoints)

Police can pat down an individual they stop to search for a weapon if they have

(1) reasonable suspicion
(2) the individual is armed and dangerous, and can frisk the vehicle.

Question 5

When is a Warrant valid?

Answer 5

A facially valid warrant must be supported by

(1) probable cause
(2) and state with particularity the place to be searched and the things to be seized.

Question 6

What are the 8 warrantless search exceptions?

Answer 6

(1) Consent must be knowing and voluntary
(2) Automobile searches require probable cause that there are seizable items or contraband in the car
(3) Exigent Circumstances permits officers to seize evidence that will disappear quickly if the officers wait to secure a warrant
(4) Plain View discovered during a legitimate presence on the premises
(5) Search Incident to Lawful Arrest allows an officer to search a person and his wingspan during arrest (including during protective sweeps)
(6) Inventory Search is the search of an arrestee’s personal belongings and his entire vehicle prior to incarceration
(7) Inevitable Discovery is applied when the police would have legitimately discovered the evidence as standard procedure
(8) Independent Source is applied when information comes from a non-police source