exam 1 Flashcards
4th amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
So, only “———–” searches and/or seizures VIOLATE the ——-
So, only “UNREASONABLE” searches and/or seizures VIOLATE the 4A.
“——-” Searches/Seizures DO NOT VIOLATE —–.
“Reasonable” Searches/Seizures DO NOT VIOLATE 4A.
Levels of intrusion with “seizure of persons”
CONSENSUAL ENCOUNTER
1.
2.
- Justification: None
2. Search Authority: None
Levels of intrusion with “seizure of persons”
TERRY STOP/DETENTION
1.
2.
- Justification:RS
2. Search authority: Frisk
Levels of intrusion with “seizure of persons”
ARREST
1. Justification:
2. Search Authority:
- Justification: PC
2. Search Authority: SIA
Arrest: The Most Intrusive “Seizure of Person” on the Street
ARREST= ________
The original seizure of person at common law in England
For an arrest to be “reasonable” and so NOT violate 4A, officer needs:
- Probable Cause, and
2. Sometimes an Arrest Warrant
Definition of “Seizure of a Person” in General:
An officer restrains the liberty of a person by:
1. Application of Physical Force,
-OR-
2. a) Officer’s “Show of Authority”
AND
b) Suspect’s SUBMISSION to officer’s show of authority
3. So that an (objectively) reasonable person, in suspect’s
situation, would not feel “Free to Leave”
“Formal Arrest
Police officer informs arrestee that “You are under arrest.”
“De Facto”
Arrest IN FACT. Police restraint on a person is, under the totality of the circumstances, equivalent to an arrest.
4A Seizure can be of
- Property, items, objects
OR - Persons
An officer performs a “Plain View Seizure” and so acts “Reasonably” under the 4A, When:
1. The officer is lawfully located to both:
a.
b.
AND
- It is “______” (interpreted as having probable cause) that the item is “______.”
A) Observe, AND
B) Seize the item, AND
[So, 1. In Public, 2. Executing Warrant, OR 3. Within Warrant Exception]
- It is immediately apparent ” (interpreted as having probable cause) that the item is “ subject to seizure .”
Two Kinds of Plain View:
“Plain View Search” = NOT a “_____” because there is ___________________________ “plain view.”
“Plain View Search” = NOT a “4A Search” because there is no government intrusion on a reasonable expectation of privacy, because thing observed is in “plain view.”
Two Kinds of Plain View:
“_______” = IS a “4A Seizure: _______________ “reasonableness.”
“Plain View Seizure” = IS a “4A Seizure: and so must satisfy 4A “reasonableness.”
What are Plain View Cases
- Horton v California (1990)
2. Arizona v Hicks (1987)
Items Subject to Seizure
- Fruits of Crime
- Instrumentalities of Crime
- Contraband (something illegal to possess)
- “Mere Evidence” [Added to list in Warden v. Hayden (1967)]
4A seizures of
1.
2
- Items
2. People
Soldal v. Cook County, Illinois (1992)
The government can trigger 4A Application with EITHER a:
“SEARCH,” (An intrusion on PRIVACY)
OR a
“SEIZURE” (An intrusion on DOMINION & CONTROL)
Stare Decisis’s Rule:
Courts are BOUND BY rules from prior case law on same issue.