Arrest, Search, & Seizure (4A)

Question 1

govt action

Answer 1

4A grants a person protection from unlawful government searches and seizures
- acts by private individuals are NOT protected

Question 2

standing

Answer 2

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)

Question 3

NO privacy rights

Answer 3

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

Question 4

arrests

Answer 4

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

Question 5

probable cause

Answer 5

• trustworthy facts or knowledge
• sufficient to warrant a reasonable person to believe,
• that the person committed a crime

Question 6

request for info

Answer 6

allowed anytime except on “whim or caprice”

Question 7

stop & inquire

Answer 7

police must have
- a reasonable articulable suspicion
- that criminal activity is afoot

NOTE: allows a brief detention for questioning

Question 8

stop and frisk

Answer 8

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

Question 9

reasonable suspicion

Answer 9

quantum of knowledge sufficient to induce an ordinarily prudent and cautious person to believe that criminal activity is at hand

Question 10

seizure

Answer 10

when a reasonable person would have believed that he was NOT free to leave

Question 11

warrant requirement

Answer 11

a warrant is required for all searches and seizures UNLESS an exception applies

Question 12

valid search warrant

Answer 12

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

Question 13

exceptions to warrant requirement

Answer 13

1. plain view doctrine
2. exigent circumstances
3. automobile exception
4. search incident to arrest
5. consent
6. inventory search
7. stop & frisk (same as above)
8. special need

Question 14

plain view doctrine

Answer 14

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

Question 15

exigent circumstances

Answer 15

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

Question 16

automobile exception

Answer 16

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

Question 17

search incident to arrest

Answer 17

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

Question 18

consent

Answer 18

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]

Question 19

inventory search

Answer 19

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)

Question 20

special need

Answer 20

applies in VERY limited circumstances