4th Amendment--Warrantless Search & Seizure Arrest Flashcards
Arrests in Public & The Home
Why start w/an arrest warrant?
a. Prevent D from fleeing
b. Prevent D from committing other crimes
c. Make sure D understands rights
d. Deter others
Why delay an arrest?
a. To get more evidence
Why get an arrest warrant if don’t need one?
a. Secures arrest & other evidence
b. Can arrest in their home & seize whatever items in plain view
c. D less likely to resist & more likely to cooperate
d. Allows prosecutor to be involved earlier
ALI MPC 120.1
A law enforcement officer may arrest a person w/o a warrant if the officer has reasonable cause to believe that such a person has committed:
a. A felony
b. A misdemeanor; and the officer has reasonable cause to believe that such person
i. Will not be apprehended unless immediately arrested or
ii. May cause injury to himself or others or damage property unless immediately arrested or
c. A misdemeanor or petty misdemeanor in the officer’s presence
Reason to believe is a standard less than probable cause.
Atwater v. City of Lago Vista
The 4th amend does not prohibit an officer from proceeding by full custodial arrest (as long as state authorizes it), rather than a summons. (Completely up to officer’s discretion).
US v. Watson
An informant told P that D possessed stolen credit cards. P arrested D in public w/o warrant. P did not find anything on D but D consented to car search & found cards. D argued arrest was illegal therefore fruit of illegal arrest should be suppressed. Arrest legal.
Rule: Arrest warrants as a gen rule are not const required.
a. An officer may make an arrest w/o a warrant so long as P reasonably believes a felony has been committed.
b. Requiring a warrant would hamper law enforcement
c. This has historically always been the rule (no concrete reason given).
Excessive force: Tenesse v. Garner
Deadly force may not be used to prevent a fleeing felon unless:
a. It is necessary to prevent escape AND
b. Officer has probable cause to believe felon could pose serious threat to officers or others.
(deadly force–ultimate seizure under 4th amend).
Excessive force: Graham v. O’Connor
Reasonableness is viewed from the perspective of the officer on the scene. Factors include severity of crime, threat to safety, resisting or evading arrest. (Balance State interest to protect v. right to interest in their body & person).
Los Angeles v. Mendez
In analyzing excessive use of force question, do not look to the fact they essentially created these circumstances (Ds may recover under different claim if warrantless arrest pro caused injury).
Plumhoff v. Rickart
P pulled over D for missing highlight. D sped away & a car chase ensued. Cars collided & D was shot 15 times.
Rule: Reasonableness of excessive force must be determined by looking at the totality of the circumstances.
a. A P may use deadly force if Ds flight poses a grave public risk. Excessive force doctrine looks at reasonableness not alternatives.
b. If officers are justified at shooting a D to end a threat to public safety, officers may shoot until the D is fully apprehended.
Arrest Protections: Gernstein v. Pugh
If a person is arrested w/o a warrant, he is entitled to a prompt post-arrest determination of whether there was probable cause for his arrest.
Arrest Protections: County of Riverside v. McLaughlin
Prompt determination means w/in 48 hours of the arrest. If hearing w/in 48 hours, burden on D to show undue delay. If hearing later than 48 hours, burden on gov to show extraordinary circumstances (delay unreasonable).
So gov doesn’t have time to gather more evidence on you.
Home arrest: Payton v. NY
D suspected of murder. P went to Ds home w/o warrant, D did not answer & they broke in & D was not home & P found gun shells plain view & arrested D. 4th amend violation.
Rule: In order to arrest someone in their home, need an arrest warrant & reason to believe that person will be home.
a. If there are no exigent circumstances, P may not ever a private home to make a warrantless arrest
b. If an arrest is made in violation of Payton, the evidence seized will no be admissible.
Reasons arrest warrant is needed in the home: Payton:
- Protect against unreasonable seizure & erroneous arrests
- Greater concern if arrest is inside the home against the person’s privacy
- If have an arrest warrant, there is an implicit right to search what’s in plain view & in the Ds immediate grab area
a. Due to this implicit search, want to make sure the arrest is accurate.
Arrests in 3rd party home: Steagald v. US
P had warrant to arrest Lyons. P heard Lyons was residing at Ds house , so entered Ds house & found drugs to use against D. Evidence suppressed b/c no search warrant.
Rule: Unless there is consent, hot pursuit, or exigent circumstances, a P may not enter into a person’s private dwelling to arrest another even if they have an arrest warrant b/c doesn’t extend to search 3rd party home.
b. A magistrate must determine there is PC to believe suspect is in the 3rd party dwelling.
c. Not requiring this would give police too much power.
2. If the suspect lives w/roommate; an arrest warrant is sufficient.
a. Roommate has a less reasonable expectation of privacy b/c they assume the risk their roommate could do something bad.
Arrests in 3rd Party Home: Minnesota v. Olson
Status as an overnight guest is alone enough to show that an individual had an expectation of privacy in the home that society is prepared to recognize as reasonable.
Arrests in 3rd party home: Minnesota v. Carter
Someone temporarily in another’s home (w/no preexisting relationship) and present to conduct a business transaction, does not have a reasonable expectation of privacy in the search.
