Fourth Amendment Flashcards
Seizure
A seizure occurs when a reasonable person would feel that he is not free to leave or terminate the encounter.
Probable Cause
Enough trustworthy facts that a reasonable person would believe someone committed a crime or that seizable evidence will be found somewhere.
Reasonable Suspicion
Some minimal level of objective justification; something more than a hunch.
Arrests
Must be based on probable cause.
No warrant required in public places.
Warrant required in the home.
Terry Stops
Must be based on reasonable suspicion of criminal activity, supported by articulable facts.
If they also have reasonable suspicion that the detainee is armed and dangerous, they may frisk the detainee for weapons by patting down the outer layer of clothing.
Traffic Stops
Must be based on reasonable suspicion that a law has been violated.
Dog sniffs are ok.
If pre-textual, there must have been probable that a law had been violated.
Checkpoint Stops
Must be based on some neutral, articulable standard and be designed to serve a purpose other than seeking incriminating evidence.
Evidentiary Searches and Seizures
- Is there government conduct?
- Is there standing?
- Is there a valid warrant?
- Is there a warrant exception?
Standing
To have fourth amendment standing, a person must have a reasonable expectation of privacy in the place searched or the thing seized, or must show that there was a physical intrusion into a constitutionally protected area.
Standing: owned the place, lived at the place, was an overnight guest at a place, cell site location information data, GPS tracker on car
No Standing: things held out to the public or given to third parties
-open fields
-public airspace
-odors
-garbage on curb
-bank account records
Valid Warrant
A valid search warrant requires a showing of probable cause to believe that seizable evidence will be found on the person or place to be searched and must particularly describe the place to be searched and items to be seized.
Invalid Warrant
No probable cause or no particularity
OR
False statement was intentionally or recklessly included in the affidavit and was material to a finding of probable cause.
Warrant Exceptions
SILA
Auto
Plain View
Consent
Hot Pursuit
Fleeting Evidence
Emergency Aid
SILA
Incident to a constitutional arrest, police can search the person and the areas in the person’s wingspan.
If the arrest was in a car, police can search the passenger compartment if the arrestee is unsecured or police reasonably believe that evidence about the offense of arrest will be there.
Auto
If police have probable cause to believe they will find evidence of a crime in a car, they can search anywhere in the vehicle (including in containers) where that evidence could be.
Plain View
Police can seize evidence without a warrant when they have a lawful right to be where they are, see/feel evidence in plain view/touch, and it is immediately apparent that the item is contraband.
