chapter 4 Flashcards
activities governed by the fourth amendment
-arrests with warrants
-arrests without warrants
-searches with warrants
-searches without warrants
-seizure of evidence
-stop
search warrant required when
-there are no exigent circusmtances
-the search is not one justified on so called administrative grounds
components of warrants
-must be issued by a neutral and detached magistrate
-showing of probable cause
-must conform to the Fourth Amendment’s particularity requirement
neutral and detached magistrate
-johnson v US
-most judges
arrest warrant
-probable cause the person committed the crime
-supply name of description of suspect
-john doe warrant
search warrant
-probable cause that the items to be seized are connected with criminal activity
-probable cause that the items to be seized are in the location to be searched
particularity
must specify the place and items to be searched
arrest
requires probable cause
stop
only requires reasonable suspicion
factors for arrest
-purpose(intent to arrest)
-manner(person not free to leave)
-location(private or police station)
-duration(lengthy)
when arrest warrant is required
-arrest in the home
-arrests in third party homes
when arrest warrant is not required
-a home/residence absent exigent circumstances
-the arrest is made public
-third party home(other search warrant required)
-exigent circumstances exist
serving search warrants
-knock and announce rule
-property damage
-permissible degree of force
-media presence
time constraints
-search must be executed promptly after issuance
-search must be conducted during daylight hours if possible
-search must not last indenfinitely
-scope and Manner
-search must be based on object sought
-search must avoid causing excessive and unnecessary property damage
-cannot search guests or third parties if probable cause to do so is lacking
special circumstances
-bodily intrusions(rochin v california)
-electronic surveillance(wiretapping, computer hacking)
-tracking devices. video recordings, and detention devices
