Fourth A Flashcards
Fourth amendment
apply to the states through the 14th amendment Dpc, people have a right to be free from unreasonable searches and seizures
seizure
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
arrest
an arrest occurs when the police take a person into custody against her will for the purposes of criminal prosecution or interrogation
probable cause
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
public place
warrant generally not required
investigatory detentions
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.
automobile stop
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.
Police officers mistake of law
does not invalidate a seizure as long as mistake was reasonable
seizure of all car occupants
passengers have standing to raise a wrongful stop as a reason to exclude evidence found during the stop
Police may order occupents out
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.
pretexual stop
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.
fourth a protects
against government conduct
two ways someones 4th A rights can be implicated
- 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
Standing
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
No REP
- 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 - the smell of one’s own car or luggage (sniff-test)
can police use sense enhancing tech that is not available to the tech to obtain info from inside a persons house?
no
What placing a GPS tracker on a persons automobile?
no
affidavit based on informants tip
totality of circumstances
how can defendant invalidate a warrant
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.
a warrant must describe
with reasonable precision the place to be searched and items to be seized, if not the warrant is unconstitutional.
knock and announce rule
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.
scope of search
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
exception SITA
incident to a constitutional arrest the police may search the person and areas into which he might reach to obtain weapons or destroy evidence
automobiles (no exception)
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.
