Crim Pro Flashcards
what is the 4th amendment
people should be free in their persons from unreasonable searches and seizures
what is a search?
physical intrusion into a constitutionally protected area to obtain information
the person must have reasonable expectation of privacy in that area
what is a seizure of a person?
seizure of a person= arrest
warrants are NOT REQUIRED for arrests in public if supported by probable cause
warrants ARE REQUIRED for arrests in private (i.e. persons home) EVEN if in someone else’s home
seizure of a thing
requires a meaningful interference with a possessory interest in the thing
the only person who can challenge the constitutionality of a search or seizure is the person who was searched or seized
who can challenge the constitutionality of a search?
the person who was searched or seized
IF someone was in their friends home and their friends home was searched, then the defendant does not have standing
what requirements must warrant meet to be considered valid?
probable cause
particularity
oath or affirmation
detached and neutral magistrate
search warrant:
what is probable cause
fair probability
reasonable grounds
or
reasonably trustworthy information sufficient for a prudent person to conclude that:
a crime has been or is being committed
OR
there is evidence of criminality in place to be searched
search warrant:
what is particularity
sufficiently definite for police to identity persons places or items to be searched or seized with reasonable certainty.
must be on the face of the warrant or an incorporated affidavit
what are the warrant exceptions?
plain view consent exigent circumstances automobile search search incident to lawful arrest inventory terry stop/frisk
warrant exceptions
plain view
police may seize an item they see in plain view or can “plain feel” if they have authority to be where they are and the item is connected with criminality
warrant exceptions
consent
voluntary under totality of circumstances
may not search home over present objection of co-occupant
warrant exceptions:
exigent circumstances
police have reasonable belief to believe delay in obtaining warrant would result in evidence destruction, danger to public/police or flight of suspect
warrant exceptions:
automobile search
probable cause that any area of car to be searched (including containers) harbors evidence of criminality
warrant exceptions: search incident to lawful arrest
person
contemporaneous search of person, lunge area, and containers for weapons or evidence
warrant exceptions: search incident to lawful arrest
car
no search unless reasonable belief that arrested occupant or recent occupant may access car
OR
reasonable belief that car contains evidence of crime of arrest (not speeding)
warrant exceptions: search incident to lawful arrest
home
during the time it takes to complete arrest, may conduct a protective sweep for accomplices in adjoining rooms if reasonable suspicion of danger