Arrests, Searches and Seizures

Question 1

The 4th Amendment has 2 major parts it does what?

Answer 1

1. Protects the right of the people to be secure from unreasonable searches and seizures by the government;
2. Provides that warrants must be supported by probable cause

Question 2

Seizure under the 4th Amendment

Answer 2

When an officer by show of physical force or authority intentionally restrains the liberty of the citizen so they are not free to leave. (subjective standard)

In this context, a seizure is also called an arrest

Question 3

What is probable cause?

Answer 3

Probable cause exists if there are trustworthy facts or knowledge and circumstances sufficient to warrant a reasonable person to believe the suspect has committed or is committing a crime

Question 4

What is required for a valid arrest?

Answer 4

(1) Probable cause; and
(2) a Warrant if:

the suspect is in their own home or another’s home absent consent or exigent circumstances

Question 5

When is an arrest warrant not required?

Answer 5

— Arrest is in a public place;

— Arrest is for a misdemeanor punishable by a fine and police witnessed the misdemeanor

— Exigent circumstances exist;

— Police had consent to enter defendant’s home or a third party’s home

Question 6

When can the police stop an automobile?

Answer 6

Unless the stop is at a checkpoint, the police must have reasonable suspicion of illegal activity