Fourth A

Question 1

Fourth amendment

Answer 1

apply to the states through the 14th amendment Dpc, people have a right to be free from unreasonable searches and seizures

Question 2

seizure

Answer 2

when under the totality of the circumstances, a reasonable person would feel that he was not free to decline the officer’s requests or otherwise terminate the encounter

Question 3

arrest

Answer 3

an arrest occurs when the police take a person into custody against her will for the purposes of criminal prosecution or interrogation

Question 4

probable cause

Answer 4

trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law. based on totality of circumstances

Question 5

public place

Answer 5

warrant generally not required

Question 6

investigatory detentions

Answer 6

if the police have a reasonable suspicion of criminal activity or involvement in a completed crime, supported by articulable facts, they may detain a person for investigative purposes. if the police also have RP that the person is armed and dangerous they can do a frisk for weapons.

Question 7

automobile stop

Answer 7

generally cant stop a car unless a law is violated however is special law enforcement needs occur the police can establish a roadblock that must stop cars on the basis of some neutral articulable standard and be designed to serve purposes closely related to the particular problem.

Question 8

Police officers mistake of law

Answer 8

does not invalidate a seizure as long as mistake was reasonable

Question 9

seizure of all car occupants

Answer 9

passengers have standing to raise a wrongful stop as a reason to exclude evidence found during the stop

Question 10

Police may order occupents out

Answer 10

police may order occupants out and if the officer reasonably believes that they are armed can frisk them for weapons. and search glove compartment for weapons.

Question 11

pretexual stop

Answer 11

if the police has probable cause to believe a driver violated a traffic law, they may stop the car, even if ulterior motive is to investigate for another crime.

Question 12

fourth a protects

Answer 12

against government conduct

Question 13

two ways someones 4th A rights can be implicated

Answer 13

1. a search or seizure by a government agent of a constitutionally protected area in which the person has a REP, and 2 a physical intrusion by the government into a constitutionally protected area to obtain information

Question 14

Standing

Answer 14

Under the totality of circumstances, a person has a REP when
1 he owned or had a right to possession of the place searched
2 the place searched was in fact his home
3 he was an overnight guest

Question 15

No REP

Answer 15

1. the sound of ones voice
   2 ones handwriting
   3 paint on the outside of ones car
   4 account records held by a bank
   5 areas outside the home and related buildings (curtilage), such as a barn
   6 garbage left for collection
   7 land visible from a public place, even from a plane or helicopter
2. the smell of one’s own car or luggage (sniff-test)

Question 16

can police use sense enhancing tech that is not available to the tech to obtain info from inside a persons house?

Answer 16

no

Question 17

What placing a GPS tracker on a persons automobile?

Answer 17

no

Question 18

affidavit based on informants tip

Answer 18

totality of circumstances

Question 19

how can defendant invalidate a warrant

Answer 19

show a
false statement was included in the affidavit by the affiant
the affiant intentionally or recklessly included the false statement and
the false statement was material to the finding of probable cause.

Question 20

a warrant must describe

Answer 20

with reasonable precision the place to be searched and items to be seized, if not the warrant is unconstitutional.

Question 21

knock and announce rule

Answer 21

police must knock announce their purpose, and wait a reasonable time for admittance unless officer thinks this is dangerous or futile or inhibit investigation. a violation of this will not result in the suppression of the evidence so exclusionary rule does not apply here.

Question 22

scope of search

Answer 22

limited to what is reasonably necessary to discover the items described in the warrant. Police may seize any contraband or fruits or instrumentality of crime that they discover, whether or not specified in the warrant. police cannot search people found on the premises without a warrant

Question 23

exception SITA

Answer 23

incident to a constitutional arrest the police may search the person and areas into which he might reach to obtain weapons or destroy evidence

Question 24

automobiles (no exception)

Answer 24

can search passenger compartment of the car if the arrestee is unsecured and still may gain access to the interior of the car and the police reasonably belive that evidence of the offense for which the police arrested may be found in the vehicle.

Question 25

automobile exception

Answer 25

if the police have PC to believe that a vehicle contains fruits or instrumentalities or evidence of a crime, they may search the whole vehicle and any container that might reasonably contain the item for which they had PC to search. may extend to passengers belongings

Question 26

plain veiw

Answer 26

the police can warrantlessly seize evidence when
1. are legitimately on the premises
2. discover the evidence fruits or instrumentalities of the crime or contraband
see evidence in plain view
have pc to beleive that the item is evidence or contraband

Question 27

consent

Answer 27

warrantless search is valid with voluntary consent

Question 28

stop and frisk exception

Answer 28

if officer has an articulable reasonable suspiscion of criminal activity she can stop detainee ask his name and if she has reasonable suspiscion he is armed she can pat down for weapons