8. Fourth Amendment

Question 1

Arrest

Answer 1

An arrest occurs when police take an individual into custody for purposes of criminal prosecution or interrogation

Probable cause is always required for any valid arrest

Warrants are rarely required for arrests
♣ Unless an arrest occurs in the arrestee’s own home, the government does not need a warrant to make an arrest

♣ A warrant is not required for an emergency arrest occurring in the arrestee’s home

Question 2

Detentions

Answer 2

A government seizure of a person that is less than a full custodial arrest.
Common government detentions:

♣ 1. Stop & Frisk
• requires reasonable suspicion

♣ 2. Automobile stop
• requires reasonable suspicion

♣ 3. Stationhouse detention
• requires probable cause

♣ 4. Detention to obtain a search warrant
• requires probable cause

Question 3

Automobile Stop

Answer 3

♣ Reasonable suspicion required

• To stop or pull over a vehicle, police must have reasonable suspicion that a law has been violated

Question 4

Accompanying searches

Answer 4

♣ Police may search:

1. Passengers and passenger compartment (but not the trunk) if officer reasonably believes weapons may be present.
2. Entire car may be searched if probable cause arises pursuant to the automobile search exception.
   * Automobile may also be searched incident to a lawful arrest

Question 5

Police Checkpoints

Answer 5

♣ Must relate to a vehicle-specific purpose

♣ Roadblocks that stop cars without individualized suspicion must:
• 1. Stop cars using a neutral, articulable standard and
• 2. Serve purposes related to automobiles and their mobility

Question 6

Government searches and seizures of evidence must be reasonable under the 4th amendment which requires a valid search warrant unless one of the 6 exceptions apply

Answer 6

♣	Exceptions: 
•	1. Search incident to an arrest
•	2. Plain view search 
•	3. Automobile search 
•	4. Valid consent to search 
•	5. Exigent circumstance
•	6. Stop & frisk

Question 7

Determining the reasonableness of a search or seizure:

Answer 7

♣ 1. Is government conduct constituting search or seizure

♣ 2. Does D have standing

♣ 3. Is there valid search warrant

♣ 4. If there is no valid search warrant was there a valid exception to the search warrant requirement

Question 8

Reasonable Expectation of Privacy

Answer 8

o 4th Amendment only applied if a person has a reasonable expectation of privacy regarding the thing or place searched and or the item seized
♣ Standing to challenge a government search requires a reasonable expectation of privacy
♣ Determined by the totality of the circumstances

o No reasonable expectation of privacy for inherently public things
♣ E.g. handwriting, voice, public records, garbage

o Automatic standing
♣ Reasonable expectation of privacy always exists if D either
• Owns, have a right to possess or lives in the premises to be searched or
• Is a overnight guest of the premises to be searched.

Question 9

Requirements for a Valid Search Warrant

Answer 9

Unless an exception applies, government must have a properly executed warrant to conduct a search

Requirements:
♣ 1. Based on probable cause
♣ 2. Precise on its facts
• must describe with reasonable precision, place to be searched and/or items to be seized
♣ 3. Issued by neutral and detached magistrate

Question 10

Good faith exceptions:

Answer 10

♣ Police cannot rely on a defective warrant obtained in good faith if:

• 1. Warrant is defective on its face
• 2. Police or government official lied or misled magistrate
• 3. Magistrate has “wholly abandoned her judicial role”
• 4. Affidavit completely lacks probable cause

Question 11

Executions of Search Warrants:

Answer 11

Timing:
♣ Search warrant must be executed without unreasonable delay after it is issued

Knock and announce requirement:
♣ Police must knock and announce their purpose, then wait a reasonable time for admittance before entering on their own accord
♣ Exception:
• Knock and announce is not required if officers have reasonable suspicion that announcing their presence would be dangerous, futile or would inhibit the investigation.

Scope of Search:
♣ Police can seize any evidence of criminal activity they discover, even if not included in the warrant
• Basis is plain view exception to search warrants
• Police can detain people found on the searched premises
o But police cannot search detained persons unless they are specifically named in the warrant or a valid warrantless search exception exists.