con crim pro – seizures

Question 1

what does the 4A generally provide

Answer 1

people should be free in their persons from unreasonable searches and seizures

Question 2

what is the general understanding of a seizure

Answer 2

exercise of control by the government over a thing or person

Question 3

what is the general understanding of a search

Answer 3

governmental intrusion into an area where a person has a reasonable and justifiable expectation of privacy

Question 4

what is required for a valid arrest

Answer 4

probable cause – present when, at the time of the arrest, the officer has within her knowledge reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law

Question 5

what is generally not required for an arrest

Answer 5

a warrant (if the arrest is made in a public place)

Question 6

when can a warrantless arrest be made for a misdemeanor

Answer 6

when the misdemeanor is committed in the officer’s presence

Question 7

what is the effect of an invalid arrest

Answer 7

an unlawful arrest, by itself, has no impact on a subsequent criminal prosecution

evidence that is a fruit of the unlawful arrest, however, may not be used against the defendant at trial due to the exclusionary rule

Question 8

what is a stop and frisk

Answer 8

police have reasonable suspicion of a crime supported by articulable facts and if they have belief that a person is armed and dangerous, can frisk them for weapons
* not considered a seizure (could turn into one if stopped for a long period of time)

Question 9

when can police conduct an automobile stop

Answer 9

when they have reasonable suspicion to believe that a law has been violated

Question 10

what is generally needed to conduct a search

Answer 10

a warrant

Question 11

what are the delineated warrant exceptions

Answer 11

1. SILA
2. automobile
3. consent
4. plain view
5. stop and frisk
6. hot pursuit/exigent circumstances

Question 12

what is a search incident to lawful arrest

Answer 12

incident to a lawful arrest, the police may search the person and areas into which he might reach to obtain weapons or destroy evidence; the search must be contemporaneous in time and place with the arrest

Question 13

SILA

what type of technological search can officers conduct

Answer 13

they can inspect the physical attributes of a cell phone, but may not search digital information on a cell phone without a warrant

Question 14

SILA

what type of search can officers conduct in regards to a DUI

Answer 14

breath but not blood test (blood tests are significantly more intrusive and thus require a warrant)

Question 15

automobile exception

when does an officer not need a warrant to search an automobile

Answer 15

if he has PC to believe the automobile contains fruits, evidence, or instrumentalities of a crime

Question 16

automobile exception

what does the search extend to for a search of an automobile

Answer 16

officer can search any part of the car in which such fruits, instrumentalities, or evidence may be hidden (containers)

Question 17

consent

what is not a prerequisite to establishing voluntary consent

Answer 17

knowledge of the right to withhold consent

Question 18

consent

who else can consent to a search of a premises

Answer 18

a co-occupant (need to have apparent authority); this consent can be vitiated if the other co-occupant objects

Question 19

plain view

what are the requirements for the plain view doctrine

Answer 19

1. police are legitimately on the premises
2. discover evidence, fruits or instrumentalities of a crime, or contraband
3. see evidence in plain view
4. PC to believe item is evidence, contraband, fruit, or instrumentality