Constitutional Law Flashcards
Are seizures that initiate criminal prosecution
-Most intrusive type of seizure type under the 4th Amendment (forcible restraint that deprives a person of liberty and freedom)
- The higher standard of probable cause is need
Arrest
Arrest warrants command police to take into custody and bring before the court the person’s name in the warrant
- MGL 276 section 21 authorizes justices of the supreme judicial superior or district courts to issue criminal
Arrest with a Warrant
- Name of person to be arrested
- Crime allegedly committed by person named
- A command that person named in warrant is the same person
Valid Arrest Warrant
A forceful taking or disposition of property of another not accompanied by a search
Seizure
- Warrant is executed when the person named in warrant is arrested and brought before the court
- Any jurisdiction as long as they are in Boston (ex. If someone is from Marshfield gets pulled over in Hyde Park and has an active warrant, they can be arrested)
- Must check if warrant is valid prior to making arrest
- Police must knock and announce their presence and purpose prior to forcible entry to a residence with a warrant
- Does not authorize police to search in areas that could not reasonably hide a person
Not listed on warrant - Confirm warrant is valid through WMS (Warrant Marketing System
Arrest Warrant Execution
- Commonwealth police can only make an arrest of a fugitive with an active out of state warrant after confirming the out of state agency will extradite (Pick up the suspect)
- Suspect with active out of state warrant will be arrested for being a fugitive from justice not arrested on the original warrant
Fugitive Warrant (M.G.L 276 section 20A)
(Be able to identify frisk or search)
- Patting of outer layer of clothing to feel for a weapon
- Reasonable suspicion based on “specific and articulable facts” that a person is armed and dangerous
Frisk
- Extends to areas where the suspect realistically had, has or will have access to a weapon
- It is critical that officers are able to articulate their fear when conducting a vehicle frisk
1. Scope (Area to be frisked) - Must be specific why you’re frisking
2. Passenger compartment - Dashboard, Consoles, seats, floor, unlocked glovebox
3. Locked Glove Box - Good as long as officers have access to keys
4. Trunk - (Usually forbidden, however if folding seats or access panel to trunk and officer can articulate he observed reaching to this area you’re okay)
5. Containers opened / closed - Method for frisking depends on type of container
6. Locked containers - need search warrant
Motor Vehicle Frisk
- Officers knowledge
- Officers observation
- Corroboration of evidence
- Victim / Witness statement
- Suspects prior criminal record
- Suspects confession
Facts used to establish probable cause without a warrant
The area surrounding a dwelling that generally includes driveways, gardens, decks, swimming pools, garages, and storage sheds
Curtilage
- All searches conducted without a warrant are per se unreasonable
- Challenge to a search
- State Action
- Reasonable expectation of privacy
- Burden is on the prosecution to prove
Warrantless Searches
- Consent
- Abandonment
- Plain View
- Incident to lawful arrest (After you arrest someone)
- Booking Search (Search during booking after arrest)
- Exigent (Emergency) circumstances (Risk to public / individual safety)
Factors for warrantless search
- For consent to be valid it must be voluntary and clearly communicated
- Consent is when a person waives their 4th Amendment right
Consent Searches (Do not rely on this)
- Fresh and Continuous search
- Chasing suspect
- Continuing investigation since the crime occurred
- Exigent circumstances
- When there is both probable causes to search and
- A reasonable likelihood
Expectations to warrantless arrest / search in private dwelling
- Lawful presence
- Inadvertence (Not intentional, discovered by accident)
- Seizable evidence
Examples:
- From private place after legitimate access
- Observations into home from a public view
Plain View
Administrative: Not investigative searches that may be conducted on people vehicles
- Safeguard owners’ property
- Protect police from theft accusations
- For person inventories, to protect the place of detention from dangerous items
Inventories
Helps evaluate information from non police sources
Two Prongs: You HAVE to have both (if you have both you’ll have probable cause)
- Veracity (Is the source reliable / believable / worth belief)
When the source is identified by name, the veracity prong is satisfied because there are consequences for lying to the police - Basis of knowledge (How does the person know what they know?)
How did the source / witness get this information?
If knowledge is gained through direct, personal, sensory observation, prong is satisfied
- Reliable Sources:
- Known victim - Known witness - Other police officers - Declaration against penal interest - Good “track record”
Aguilar Spinelli Rule
Three things needed for an arrest
- Intent
- Communication (The word arrest is not required)
- Control (Physical restraint, acquiescence to authority, important to exact moment of arrest)
Three things needed for lawful arrest
- Jurisdiction
- Probable Cause
- Arrestable Offense
Anonymous person cannot rise to level of probable cause
Name + Phone Number = Makes them identifiable; Must be identifiable
- Are physical invasions or intrusions of privacy by police on people, homes, or personal property to obtain information or gather evidence
- What level of proof is needed for a search? Probable cause
Searches
Note
- An arrest warrant for one’s person is a separate entity
- When someone is arrested, they are entitled to a phone call within 1hr of arrival to the station, Jenkins Hearing
- When arresting someone search for weapons and means for escape
- Inventory search happens at the station
- Search incident to lawful arrest happens at the scene
- Be able to identify at what point the seizure occurred
- Prior to placing someone with a warrant under arrest you must check if the warrant is active
- Suspect at a different location than what’s on the warrant you need a search warrant for the other location
- Whether it was a frisk or search conducted
- Was the stop lawful?
- Was the search lawful?
