Crim Pro Flashcards
What does the 4th Amendment protect from
The fourth amendment protects individuals from the government conducting unreasonable arrests or other seizures as well as unreasonable searches
What is the exclusionary rule
It prevents the introduction of evidence unlawfully seized at a subsequent criminal proceeding
Whose conduct does the fourth amendment limit
The fourth amendment only limits governmental action and not the actions of private citizens unless the private person is acting as an agent of the government
When is a person seized under the 4th Amendment
A 4th Amendment seizure has occurred when an officer, by means of physical force or show of authority, terminates or restrains freedom of movement or in the case of an unambiguous intent to restrain by the police or when the individual’s submission to a show of governmental authority takes the form of passive aggressive, when a reasonable person would believe he was not free to leave
Who issues an arrest warrant and what burden of proof is required to get one
An arrest warrant is issued by a detached and neutral magistrate upon a finding of probable cause that a crime has been committed and that it was the particular defendant who committed the particular crime
When may the police enter into an arrestee’s home to execute an arrest warrant
The police may enter into an arrestee’s home to serve an arrest warrant if the police have probable cause to believe the arrestee is in the home
When may the police arrest a person in another person’s home without a search warrant
A police officer may not arrest a person in another person’s home without a search warrant, absent exigent circumstances or valid consent
When can an arrest occur without a warrant
An arrest can occur for both a felony and a misdemeanor if the arresting party witnessed the crime but if the police officer was not present when the crime was committed he can only arrest someone without a warrant for a felony
When does a search occur under the 4th Amendment
Under the 4th Amendment, a search occurs when when governmental conduct violates a reasonable expectation of privacy or possibly when the government physically intrudes upon private property for the purpose of obtaining information.
