CRIM PRO - 4th Amendment Search & Seizure

Question 1

4th Amendment requirements for applicability

Answer 1

1. government action
2. proper person
3. a search or seizure
   - –
4. government action - federal or state
5. proper person - standing; reasonable expectation of privacy; US citizen or alien with sufficient connections
6. A search - frisk; full search
7. or a seizure - NOT an accosting; stop; arrest; seizure or property

Question 2

Accosting

Answer 2

1. occurs when officer interacts with an individual
2. without any show of authority or force

An accosting is NOT a search or seizure and does NOT implicate the 4th amendment

Question 3

Arrest

Answer 3

1. is a seizure
2. under the 4th Amendment
3. and occurs when a person is deprived
4. of freedom of movement
5. in a substantial way
6. for the purpose of commencing a criminal action against him

Question 4

Stop

Answer 4

1. is a seizure under the 4th Amendment
2. and is a temporary detention
3. of a person for investigative purposes
4. that results from a show of authority
5. where a reasonable person would believe that she was not free to leave

Question 5

Search

Answer 5

1. occurs when governmental activities
2. intrude upon the defendants legitimate
3. reasonable
4. expectation of privacy

Question 6

Warrant Compliance Rule (4th Amendment)

Answer 6

1. compliance with the 4th amendment
2. requires that a search and seizure be pursuant to
3. a valid warrant OR
4. be justified by one of the exceptions to the warrant requirement

Question 7

Requirements of a valid warrant

Answer 7

1. personal contact of officer
2. with a neutral and detached magistrate
3. under oath
4. showing of probable cause
5. reasonable particularity

Question 8

Warrantless Arrest Exception Rule

Answer 8

1. under the 4th amendment
2. a police officer or a private individual
3. can make a warrantless arrest
4. in a public place
5. or a place where the officer has a right to be
6. if she has probable cause to believe that the person committed either a felony or a misdemeanor in the officer’s presence

Question 9

Search Indecent to Lawful Arrest Exception

Answer 9

1. the search incident to a lawful arrest exception
2. permits a warrantless search of the defendant and the area within the defendant’s immediate control when made incident to a lawful arrest.

Question 10

Hot Pursuit Exception (Exigent Circumstances)

Answer 10

The exigency of the pursuit replaces the warrant

1. If the police have probable cause to believe that an individual has committed a felony
2. AND they are pursuing him to arrest him,
3. they have the right to enter a private building during the pursuit,
4. search that building while they are present on the premises,
5. and to seize evidence found there,
6. even though the material found is “mere” evidence and neither fruits nor an instrumentality of a crime.

Question 11

Evanescent Evidence Exception (Exigent Circumstances)

Answer 11

warrant exception where the nature of the evidence is such that it will dissipate quickly if no action is taken, thus creating the exigency.

Question 12

Automobile Exception (Carroll Doctrine)

Answer 12

Under the automobile exception, officers can conduct a warrantless search of a vehicle if the officers have

1. probable cause to believe there is
2. contraband or evidence of a crime in a
3. vehicle

Officers can search any and all parts of the vehicle capable of containing the object of the search - contraband or evidence.

Question 13

Stop & Frisk Exception

Answer 13

Police may stop a person for investigative purposes if the officer has:

1. a reasonable articulable suspicion that criminal activity is afoot and
2. the detainee is involved

Question 14

When may an officer frisk a person for weapons?

Answer 14

Only where the officer has a reasonable articulable suspicion that the detainee is armed and dangerous.

Limited to a pat down of the outer clothing for weapons.

Officer may NOT go into detainee’s pockets or conduct any further search without further justification or another warrant requirement exception.

Question 15

What are the limits on time, place and investigative actions for a stop under the 4th Amendment?

Answer 15

A stop must be:

1. temporary and
2. last no longer than is necessary to effectuate the purpose of the stop, and
3. the investigative methods should be the least intrusive means reasonably available to verify or dispel the officer’s suspicion in a short time.

Question 16

Plain View Exception

Answer 16

Under the plain view exception, a police officer may seize an item without warrant if:

1. she has made a prior valid intrusion into the 4th Amendment protected area; and,
2. the item is in plain view; and
3. it is immediately apparent that the item is related to a crime.

Question 17

Item exposed to the public - does the 4th Amendment seizure rule apply?

Answer 17

No, because their public exposure precludes anyone from having a reasonable expectation of privacy in it.

Question 18

Plain Feel Exception

Answer 18

Under the plain feel exception, a police officer may seize an item without a warrant if she is:

1. legally frisking or searching a defendant and
2. feels something that is immediately apparent evidence of a crime

Question 19

Community Caretaker Function Exception

Answer 19

Under the community caretaker function exception, the police are permitted to conduct warrantless searches or seizures where:

1. the police have acted, NOT to investigate crime, but to either
2. aid persons in apparent need of assistance or
3. to protect property

Question 20

Border Search Exception

Answer 20

As an incident of the protection of the international borders of the country, police or border guards may make routine searches of persons and their effects without a warrant, probable cause or reasonable suspicion at or near the borders.

Question 21

Exclusionary Rule

Answer 21

Evidence seized in violation of the 4th Amendment is suppressed.

Excluded evidence may be:

1. Physical evidence - i.e. murder weapon, documents or narcotics seized during an illegal arrest, or
2. Testimonial evidence, such as an officer’s observations upon illegally entering a premises, or
3. Statements of Others - such as a confession obtained from an illegally detained defendant

Question 22

Fruit of the Poisonous Tree Doctrine

Answer 22

The exclusionary rule requires suppression of evidence which is the direct product of illegal activity, as well as evidence derived from illegally seized evidence or activity (indirect product of illegal government action)

Applies to:

1. objects found,
2. verbal statements obtained as part of the original tainted search or illegal arrest
3. statements due to custodial interrogation based upon less than probable cause for valid arrest