con crim pro – seizures Flashcards
what does the 4A generally provide
people should be free in their persons from unreasonable searches and seizures
what is the general understanding of a seizure
exercise of control by the government over a thing or person
what is the general understanding of a search
governmental intrusion into an area where a person has a reasonable and justifiable expectation of privacy
what is required for a valid arrest
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
what is generally not required for an arrest
a warrant (if the arrest is made in a public place)
when can a warrantless arrest be made for a misdemeanor
when the misdemeanor is committed in the officer’s presence
what is the effect of an invalid arrest
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
what is a stop and frisk
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)
when can police conduct an automobile stop
when they have reasonable suspicion to believe that a law has been violated
what is generally needed to conduct a search
a warrant
what are the delineated warrant exceptions
- SILA
- automobile
- consent
- plain view
- stop and frisk
- hot pursuit/exigent circumstances
what is a search incident to lawful arrest
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
SILA
what type of technological search can officers conduct
they can inspect the physical attributes of a cell phone, but may not search digital information on a cell phone without a warrant
SILA
what type of search can officers conduct in regards to a DUI
breath but not blood test (blood tests are significantly more intrusive and thus require a warrant)
automobile exception
when does an officer not need a warrant to search an automobile
if he has PC to believe the automobile contains fruits, evidence, or instrumentalities of a crime
automobile exception
what does the search extend to for a search of an automobile
officer can search any part of the car in which such fruits, instrumentalities, or evidence may be hidden (containers)
consent
what is not a prerequisite to establishing voluntary consent
knowledge of the right to withhold consent
consent
who else can consent to a search of a premises
a co-occupant (need to have apparent authority); this consent can be vitiated if the other co-occupant objects
plain view
what are the requirements for the plain view doctrine
- police are legitimately on the premises
- discover evidence, fruits or instrumentalities of a crime, or contraband
- see evidence in plain view
- PC to believe item is evidence, contraband, fruit, or instrumentality
