fourth amendment Flashcards
seizure
The Fourth Amendment provides that people should be free from unreasonable searches and seizures
Any exercise of control by a government agent over a person or thing is a seizure
Seizure = reasonable person would not feel free to decline officer’s request or terminate encounter
arrest
police take a person into custody against their will for purposes of criminal prosecution
must have PC
Warrant generally not required to arrest someone in public place
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 TOC
* can come from 3P but anonymous tip may not be enough without some coroboration
stop and frisk aka terry stops
Police can detain person for investigatory purposes if reasonable suspicion of criminal activity supported by articulable facts
* RS = less than probable cause, more than vague suspicion
When the source of suspicion of criminal activity is an informant’s tip, the tip must be accompanied by i**ndicia of reliability **sufficient to make the officer’s stop reasonable
auto stops
Generally, cops may stop a car if they have at least reasonable suspicion to believe that a law has been violated
sniff is not a search
Mistake of law does not invalidate a seizure as long as mistake was reasonable
Pretextual stops are okay: If the police have probable cause to believe a driver violated a traffic law, they may stop the car, even if their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop.
seizure of all occupants –> passengers have standing to raise wrongful stop as a reason to exclude evidence (but not search)
can order occupants out and perform frisk if reasonably beleives the detainees are armed
informational checkpoints/roadblocks
If the police set up a roadblock for purposes other than seeking incriminating information about the drivers stopped, the roadblock will be constitutional
To be a valid roadblock:
* Stop cars on the basis of some neutral, articulable standard (for example, every car) and
* Be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility
search and seizure steps
(1) is there governmental conduct?
(2) is there standing?
(3) Is there a valid warrant?
(4) Exceptions to warrant requirement?
governmental conduct
inc private individuals acting at direction of police
is there standing?
**Reasonable expectation of privacy **with respect to the place searched or item seized
automatic triggers: person owned or had right to possess place searched, palce seached is person’s home, person is ovenright guest of owner
no reasonable expectation of privacy in objects held out to public
Merely being a passenger in someone else’s car does not create a reasonable expectation of privacy with regard to a search of the car; something more is needed
valid search warrant
PC + particularity
PC = warrant will be issued only if there is probable cause to believe that seizable evidence will be found on the person or premises at the time the warrant is executed.
particularity = Warrant must describe with particularity the place to be searched and items to be seized
warrant excecution
only police may execute a warrant
no 3P unless identifying stolen property
A warrant to search for contraband authorizes the police to detain occupants of the premises during a search, but a search warrant does not authorize the police to search persons found on the premises who were not named in the warrant
exceptions to warrant requirement
For search and seizure to be valid, the government must have acted pursuant to a valid warrant. If the warrant is not valid, or if the police did not have a warrant, all the evidence will be deemed inadmissible unless exception to the warrant requirement applies
search incident to arrest
After a valid arrest, police can search
* person and areas with the person’s wingspan
* where they could reach to obtain weapons or destroy evidence
Police can make protective sweep of area
Search must be contemporaneous in time and place with the arrest
If arrest is uncon, then any search incident to that arrest is also uncon
So long as the search is valid, any contraband/evidence (even if unrelated to the original reason for search) can come in/is admissible
search incident arrest– cars
police may search passenger compartment (not trunk) incident to arrest if:
* Arrestee is unsecured and may gain access to vehicle, OR
* Police reasonably believe evidence of offence for which person was arrested may be found in the car
automobile exception
if the police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime –>
* they may search the whole vehicle (including trunk) and
* any container that *might reasonably contain the item *for which they had probable cause to search
plain view
Police may make warrantless seizure when:
* Legitimately on the premises
* Discover evidence, fruits or instrumentalities of crime, or contra-band
* See such evidence in plain view; and
* Have probable cause to believe (that is, it must be immediately apparent) that the item is evidence, contraband, or a fruit or instrumentality of crime
consent
Warrantless search is valid if police have voluntary consent
* Police saying they have a warrant negates consent
Person with apparent equal right to use or occupy property may consent
Occupant can’t give valid consent when co-occupant is present and objects
* If co-occupant is removed for unrelated reason, police may act on consent of remaining occupant
stop and frisk
terry frisk = pat down of outer clothing and body to check for weapons
stop: a police officer may stop a person without probable cause for arrest if they have an articulable and reasonable suspicion of criminal activity
frisk: the officer may require the detainee to state their name, and if the officer also reasonably believes that the person may be armed and presently dangerous, the officer may conduct a protective frisk
Officer may seize any item that officer reasonably believes, based on plain feel, is a weapon or contraband
* even if doesnt end up being a weapon
* CANNOT manipulate the feel
hot pursuit
Police in hot pursuit of a fleeing felon may make a warrantless search and seizure and may even pursue the suspect into a private dwelling
* must be within 15 mins behind fleeing felon
* if enter private home, any evdience they see in plain view will be admissible
community caretaker exception/emergency aid
police may enter premises without warrant if officer faces emergency that threatens health or safety
evanescent evidence
evidence that might disappear quickly if police took time to get a warrant
* fleeintg
* but need a warrant for blood sample for DUI arrest
public school searches
Due to the nature of the school environment, reasonable grounds for a search are a sufficient basis to justify searches by public school officials.
