Arrest, Search, & Seizure (4A) Flashcards
govt action
4A 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 (REP) regarding the place or item searched
- REP = that which they own or possess (applies to overnight guest spaces)
NO privacy rights
SC has held NO privacy rights for:
- paint scrapings taken from a car
- bank account records
- anything visible from public airspace
- garbage left on the curb
- the sound of one’s voice
- odors
- handwriting
- anything that can be seen in or across areas outside one’s home
arrests
to be proper, a police officer (PO) MUST have probable cause
- officer does NOT need firsthand knowledge (it may be based on informant’s information)
- an arrest in/at someone’s home requires a warrant (unless exigent circumstances
probable cause
- trustworthy facts or knowledge
- sufficient to warrant a reasonable person to believe,
- that the person committed a crime
request for info
allowed anytime except on “whim or caprice”
stop & inquire
police must have
- a reasonable articulable suspicion
- that criminal activity is afoot
NOTE: allows a brief detention for questioning
stop and frisk
police must have
- a reasonable articulable suspicion,
- that criminal activity is afoot, AND
- that the person has a weapon
Plain Feel Doctrine: during the frisk, police may only seize items reasonably believed to be contraband or a weapon
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
a valid search warrant requires:
1. probable cause: reliable info that evidence of illegality will be found,
2. it must state with particularity the place and items to be searched/seized, AND
3. be issued by a neutral and detached magistrate
NOTE: evidence obtained WITHOUT a valid warrant is excluded UNLESS it falss under an exception
exceptions to warrant requirement
- plain view doctrine
- exigent circumstances
- automobile exception
- search incident to arrest
- consent
- inventory search
- stop & frisk (same as above)
- special need
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:
1. evidence is evanescent (it will dissipate or disappear)
2. it’s necessary to prevent the imminent destruction of evidence
3. the police are in hot pursuit of a felon and evidence is in plain view, OR
4. the emergency aid exception applies
automobile exception
allows a warrantless serach 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 search
search incident to arrest
police may search a suspect’s person + area w/in suspect’s immediate control (aka, “reaching distance” or “wingspan”)
- if arrested in home: may also search other immediately adjoining spaces from where an attack may be launched
- if arrested in automobile: may also search entire interior or passenger’s compartment if:
1. reason to believe evidence of the crime arrest for might be found, OR
2. arrested person is unsecured and could gain access to the vehicle
consent
must be given freely, voluntarily, and intelligently
- 3P 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) [ie, private bedroom]
inventory search
allows a warrantless search when a person is incarcerated OR for an impounded vehicle
NOTE: inventory search MUST be:
- reasonable, AND
- 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)
special need
applies in VERY limited circumstances
