Chapter 6: Searches and Seizures of Property Flashcards
Reasonableness Clause
4th Amendment
prohibits unreasonable search and seizure.
Warrant Clause
4th Amendment
no warrant shall issue but upon probable cause based on oath or affirmation
need probable cause to get a warrant describing w/ particularity, the place to be searched, and the people and things to be seized.
The Supreme Court prefers officers get a _____________ from a ____________ ________________ magistrate / judge, instead of immediately rely on their own assessment of __________ ___________ as they’re in the midst of _______________ out crime. This provides ______________ to the ____________ of individuals (balancing test).
warrant; neutral; detached; probable cause; ferreting; protection; privacy
Warrantless Search
Searches to detect and investigate crime, conducted by officers w/o a warrant.
Protecting privacy of individuals is ______________ with police officer’s _________ to get a warrant. Requiring officer’s to get a ____________ in all situations would potentially ____________ the ______________ and themselves.
balanced; need; warrant; endanger; public
Getting a ___________ _____________ is the same process as obtaining an ____________ ______________. An officer still needs ____________ ____________, and the officer needs to explain his/her _______________ _____________ in an _____________ (sworn testimony). The search warrant must also meet the ___________ requirement.
search warrant; arrest warrant; probable cause; probable cause; affidavit; particularity
Search Warrant
Authorization from magistrate to search for and seize specific objects.
Particularity Requirement
Defines the Scope of the Search
Warrant must explain…
- the specific place(s) to be searched,
- and the object of the search.
- and are given the right to search wherever these items are most likely to be found.
Knock and Announce Rule
Requires officers to…
- knock on resident’s door,
- state their purpose for being there.
- noncompliance will be met with forcible entry into the home.
Justice Clarence Thomas said the ____________ and _____________ rule respected / acknowledged the home as a “___________” which receives the _____________ 4th Amendment protections.
knock; announce; castle; highest
__________ and ___________ is ________ required. There are circumstances where it is _____________ for officers to not follow this rule because it interferes with (___________) the prevention of crime. These circumstances include…
- ___________ _______________ that is seen, and being committed against someone else (police don’t have to wait for entry if they can look through window of house and see domestic violence.
- ____________ _____________ where ____________ flees into the home.
- ____________ of ____________.
Knock; announce; NOT; reasonable; hampers
Physical violence;
Prison Escape; prisoner;
Destruction; evidence
Knock and announce is also not required in cases where…
- officers use a _____________ to enter the building, home.
- officers ____________ themselves, or use _____________ identities.
- officers can enter if ___________ is left open.
In some jurisdictions, police officers don’t even bother following the _____________ and _____________ rule because of the outweighing danger that ______________ evidence might be destroyed, or because drug _____________ might be armed and dangerous.
trick; disguise fake; door
knock; announce; rule; narcotics; traffickers
In Richard v. Wisconsin, (1997), the Wisconsin Supreme Court decided that the ___________ and ____________ entry into Richards’ motel room was _______________ because ______________-related offenses always present a ____________. The Supreme Court however, rejects a _____________ exception to the knock and announce rule for 2 reasons:
1) Overly Broad: no need to provide _____________ to the ___________ and _________ rule in _____ instances of narcotics searches. Some narcotics cases do not present this __________ of danger–potential for presence of ______________ and __________ of __________.
2) Other Crimes: Crimes other than narcotics offenses receive exceptions to the ____________ and _________ rule like _________ ___________. If we provide more and more per se, blanket exceptions to the rule, for all ___________ of crime that pose a _____________ risk of harm to police officers, the rule will eventually fall away.
disguised; forcible; reasonable; narcotics; danger; blanket
exception; knock; announce; ALL; weapons; destruction; evidence
knock; announce; bank robberies; types; substantial/significant
Justification for no-knock entry into the home:
Police have reasonable suspicion that knocking and announcing presence would be
dangerous / futile,
OR
make investigation ineffective, by allowing for the destruction evidence.
If suspects provide entry to law enforcement almost ____________ after the ___________ and _________ request, then the rule would be __________. However, if the __________ period between the knock and announce and entry is too ________, that allows for the ___________ of ___________, the suspects to __________, or those inside the home to ________ themselves, endangering the officers.
immediately; knock; announce; useless; waiting; long; destruction; evidence; flee; arm
In U.S. v. Banks, (2003), the Supreme Court decided that the forcible entry of officers into the home could be executed after ___-___ seconds of no response from the resident inside the _________. Supreme Court ruled that forcible entry after ________ and ___________ is made is permissible when there appears to be a ___________ to let the officers in.
Court also ruled that the ______ it takes a suspect to ______ the door sometimes depends on the relative __________ of the home.
Apartment: matter of __________.
Townhouse: could take __________.
Court finally ruled that main point of inquiry wasn’t ________ long it took suspect to answer the door, it’s how long does it take him to __________ of ___________. The prudent drug trafficker would keep his narcotics near a ___________ or ____________ to quickly dispose, and we believe ____-____ is enough time to do so.
15-20; home; knock; announcement; refusal
time; get; size; seconds; minutes;
how; dispose; narcotics; commode; sink; 15-20
_____________ searches conducted are understood to ___________ the privacy interest of citizens (in the balancing test).
Warrantless; outweigh
Supreme Court has conclude (Chimel v. California, (1969)) that police are allowed to __________ the person ____________.
search; arrested
3 Purposes of Warrantless Search
- Seize weapons that could be used to harm the officer.
- Seize weapons that may be used to resist arrest / flee.
- Prevent concealment of evidence.
Upon arrest, areas within _____________ _____________ of the suspect that conceal ____________, or ______________ that could be used to harm the police may be ____________ (for the safety of the officer).
immediate control; contraband; weapons; searched
Grab area
aka, lunging area
the areas of immediate control where suspect may have contraband or weapons concealed in the home.
e.g. the drawer to a shelf the defendant is arrested in front of.
Search Incident to An Arrest
Search authorized by the fact of a persons’ arrest.
Allow officers to search area within suspect’s immediate control (grab area).