Crim Pro - Fourth Amendment

Question 1

Fourth Amend - GR

Answer 1

The fourth amend protects citizens from unreasonable searches and seizures.

Question 2

Arrests and Station House Detentions

Answer 2

All arrests must be based on probable cause!

• warrants generally not req. for arresting in public place
• Non-emergency arrest in home, DOES require warrant

Station house detention: police need probable cause to arrest and compel you to come to station either for fingerprinting or interrogation.
(although can still consent, and voluntarily come)

Question 3

Investigatory Detentions (Terry stops)

Answer 3

Police have authority to BRIEFLY detain a person even without probable cause. The stop does require REASONABLE SUSPICION supported by ARTICULABLE FACTS of criminal activity. (hunch never enough)

• Reasonable suspicion based on “totality of the circumstances”

Question 4

Investigatory Detentions (Terry stops) - Autos

Answer 4

Police may stop a car if they have at lease reasonable suspicion that a law has been violated.

Exception: Checkpoint roadblocks (DUI, Border); as long as neutrally applied

Question 5

Traffic Stops and Police Dogs (investigatory detention)

Answer 5

During a routine traffic stop, a sniff is NOT a search, as long as stop is not extended beyond time to issue a ticket.

• A dog “alert” can form probable cause basis
• BUT dog sniff directly outside home NO-NO (is a search)

Question 6

Wiretapping and eavesdropping

Answer 6

1. All wiretapping and eavesdropping requires a warrant
2. Exceptions: (no warrant necessary)
   a. unreliable ear - assume face to face conversations, everyone talk to is wired.
   b. uninvited ear - No 4th amend right, if speaker makes NO attempt to keep conversation private