Essay issues - 4th A Flashcards
4th amendent
The 4th amendment prohibits unreasonable search and seizure. In order to have standing, the defendant must prove government conduct and a reasonable expectation of privacy.
Government conduct
The defendant must prove that the government or police were involved in the unreasonable search and seizure.
Reasonable expectation of privacy
Defendant must prove he had a reasonable expectation of privacy in the places searched and items seized by the government.
[State whether there was standing.]
Warrant requirement
In order for a search and seizure to be valid, the government must have acted pursuant to a valid warrant. If the warrant is not valid, then all the evidence will be deemed inadmissible unless an exception to the warrant requirement applies.
Arrest
An arrest of a person in their home requires an arrest warrant. However, one is not required to make an arrest in a public place if the officer witnessed a crime or has probable cause to believe a felony was committed.
Stop and frisk
An officer can stop a person if he has reasonable suspicion that the person is or has engaged in a crime.
Scope (person) - The officer can frisk the outer clothing of the defendant for weapons only if he has reasonable suspicion that the defendant is armed and dangerous. If the officer feels an object that is identifiable as contraband, he can seize it.
Scope (car) - If the officer lawfully stops a car, he may frisk it if he has a reasonable suspicion there is a weapon in the car. This is limited to areas of a car that may contain a weapon.
Traffic stops
Traffic stops are valid if the officer has reasonable suspicion or probable cause that a traffic law was violated.
Valid search warrant
A valid warrant must be issued by a neutral magistrate; based on probable cause; and specifically describe the defendant and crime or places to be searched and items to be seized.
Subject to certain exceptions, the police must knock and announce their presence.
Evidence collected in violation of the 4th amendment may be admissible if the police acted in good faith reliance on a defective warrant.
What are the exceptions to a warrantless search?
ESCAPES
Exigent circumstances Search incident to arrest Consent Automobile exception Plain view Evidence obtained via administrative search Stop and frisk
Exceptions to a warrantless search
Warrantless searches are a 4th amendment violation and evidence seized during the search is inadmissible unless subject to an exception.
Exigent circumstances
Under a totality of the circumstances test, exigent circumstances makes a warrantless search constitutional if probable cause exists. Exigency can be determined by hot pursuit of a felon; delay in getting a warrant would result in immediate danger of evidence destruction; or police or public safety.
Consent
If a party consents to a search, a warrant is not required. The consent must be voluntary.
Search incident to arrest
A search incident to arrest must be reasonable in scope and incident to a lawful arrest.
Lawful arrest - The arrest must be based on probable cause.
Scope - The police may conduct a contemporaneous search of the arrestee in the immediate surrounding area. If the arrestee is at home, the police can do a sweep of the home for police safety. If the arrestee is in a car, the police may search the glove compartment if the arrestee is w/in reaching distance or it is reasonable that evidence might be in the car.
Automobile exception
Under the automobile exception, the police can search any part of the defendant’s car if they have probable cause that it contains contraband or other evidence of the crime.
Plain view
If the police are lawfully present, they may seize evidence in plain view so long as its criminal nature is immediately apparent.
