Fourth amendment

Question 1

What is meant by “open fields” for Fourth Amendment considerations?

Answer 1

Private property that lies outside the curtilage of a home, such as a farmer’s field, is not protected by the home’s umbrella of Fourth Amendment protection. Under the “open fields” doctrine, governmental intrusion on such property is not a search.

Note: The owner does not have a reasonable (i.e., objective) expectation of privacy, even though the owner may have a subjective expectation of privacy based on the fact that the land is fenced, protected from public view, and “no trespassing” signs are posted.

Question 2

When does “hot pursuit” constitute an exigent circumstance that excuses the search warrant requirement?

Answer 2

When the police have probable cause to believe that an individual has committed a felony and they are pursuing him to arrest him.

If the police have probable cause to believe that the suspect has committed a misdemeanor, then the police may act without waiting for a warrant if the totality of the circumstances shows an emergency.

Question 3

What is required to arrest an individual in the individual’s home?

Answer 3

The police must have a warrant to arrest an individual in the individual’s own home, absent exigent circumstances or valid consent to enter the arrestee’s home.

A warrant to arrest an individual implicitly authorizes entry into the arrestee’s home to serve the warrant if the police have reason to believe that the arrestee is present.

Question 4

What are the seven types of exceptions to the search warrant requirement?

Answer 4

(1) Searches incident to a lawful arrest
(2) Exigent circumstances
(3) Stop and frisk (i.e., Terry stops)
(4) Automobiles
(5) The ““plain-view”” doctrine
(6) Consent searches
(7) Administrative, special needs, and inventory searches

Question 5

What are the requirements of a valid arrest warrant?

Answer 5

It must be issued by a detached/neutral magistrate upon finding of probable cause and describe with particularity the defendant and the crime.

Question 6

Do prison inmates have a reasonable expectation of privacy in their cells?

Answer 6

Prison inmates have no reasonable expectation of privacy in their cells. The limitations on Fourth Amendment rights are justified by the need to maintain
institutional security and preserve internal order and discipline.

Note: Unlike a convicted inmate, a pretrial detainee may have a limited expectation of privacy in his cell. However, a detainee’s cell may be subject to a routine search, and the detainee’s person may be subject to a strip search or a full-body search after a contact visit with someone from the outside.

Question 7

May law enforcement randomly stop vehicles on public roadways?

Answer 7

No. Police may generally not stop an automobile, even for a driving-related matter, without a reasonable, individualized suspicion of a violation of the law, unless the stop is effected on the basis of neutral, articulable standards.

Question 8

May a checkpoint be used to search for individuals?

Answer 8

A checkpoint maintained by police for the purpose of finding witnesses to a crime (rather than suspects) is not per se unreasonable, as long as:
(i) the checkpoint stop’s primary law enforcement purpose is to elicit evidence to help them apprehend not the vehicle’s occupants but other individuals;
(ii) the stop advanced a public concern to a significant degree; and
(iii) the police appropriately tailored their checkpoint stops to fit important criminal investigatory needs and to minimally interfere with liberties protected by the Fourth Amendment.

Question 9

What is required for a defendant to have standing to challenge governmental conduct as a violation of the Fourth Amendment protection against unreasonable searches and seizures?

Answer 9

(i) The defendant himself has been seized; or
(ii) He has a reasonable expectation of privacy with regard to the place searched or the item seized.

Note: It is not enough that the introduction as evidence of an item seized may incriminate the defendant or that the evidence was seized from a co-conspirator.

Question 10

What is the test to determine whether a person has been “seized” for the purposes of the Fourth Amendment?

Answer 10

A seizure occurs only if, in view of the totality of the circumstances, a reasonable innocent person would believe he was not free to leave.

Note: The police officer must intentionally employ physical force or a show of authority in order for the officer’s actions to result in a seizure, but the officer need not intend to detain the defendant.

Question 11

What is the “knock and announce” rule?

Answer 11

When executing either a search or an arrest warrant, must generally announce his purpose before entering.

Note: Violation of the ““knock and announce”” rule does not trigger the exclusionary rule

Question 12

When/where are police officers permitted to make warrantless arrests?

Answer 12

(i) In public places;
(ii) For crimes occurring in the arresting party’s presence; or
(iii) If the officer has probable cause to believe the arrested party has committed a felony.

Note: An unlawful arrest alone has no bearing on a subsequent criminal prosecution, and it is not a defense to the crime charged.

Question 13

What is a “protective sweep,” and when is it permitted?

Answer 13

A “protective sweep” is a quick and limited visual inspection of places immediately adjacent to the place of an arrest in which a person might be hiding. It is permitted as a search incident to a lawful arrest that occurs in a home, even without probable cause or reasonable suspicion.

Question 14

When is a warrantless search of a vehicle permitted as a search incident to a lawful arrest?

Answer 14

When law enforcement demonstrate either that:
(i) The arrestee is within reaching distance of the passenger compartment and may pose an actual and continuing threat to the officer’s safety or a need to preserve evidence from being tampered with by the arrestee; or
(ii) That it is reasonable that evidence of the offense of arrest might be found in the vehicle.

Question 15

What are the seven exceptions to the exclusionary rule?

Answer 15

(1) Inevitable discovery rule - the evidence would have been inevitably discovered in the same condition through lawful means
(2) Independent source doctrine - the evidence was discovered in part by an independent source unrelated to the tainted evidence.
(3) Attenuation principle - the chain of causation between the primary taint and the evidence has been so attenuated, by time and/or intervening events, as to “purge” the taint.
(4) Good-faith exception - police officers acted in good faith on either a facially valid warrant or an existing law later declared unconstitutional.
(5) Isolated police negligence - the police conduct was not sufficiently deliberate such that the exclusionary rule could deter it.
(6) Knock and Announce - the search was a violation of the ““knock and announce”” rule.
(7) In-court Identification - the evidence is a witness’s in-court identification of the defendant.

Question 16

What is the good-faith exception to the exclusionary rule?

Answer 16

The exclusionary rule does not apply to police officers who act in good faith on either (i) a facially valid warrant later determined to be invalid or (ii) an existing law later declared unconstitutional.

Question 17

Name the five situations where the good-faith exception to the exclusionary rule does not apply.

Answer 17

If:
(i) No reasonable officer would rely on the affidavit underlying the warrant;
(ii) The warrant is defective on its face;
(iii) The warrant was obtained by fraud;
(iv) The magistrate has “wholly abandoned his judicial role”; or
(v) The warrant was improperly executed.

Question 18

What is a “stop,” and when is it justified?

Answer 18

A stop (i.e., Terry stop) is limited and temporary intrusion on an individual’s freedom of movement short of a full custodial arrest.
A stop is justified on the reasonable suspicion, based upon articulable facts and the totality of the circumstances, that the detainees are or were involved in illegal activity

Question 19

What constitutes an unreasonable search for the purposes of the Fourth Amendment?

Answer 19

An unreasonable search occurs when the government:
(1) invades a place protected by a reasonable expectation of privacy, or
(2) physically intrudes upon a constitutionally protected area (persons, houses, papers, or effects) for the purpose of gathering information.

Question 20

Does a motel or hotel patron have an expectation of privacy in the rented room?

Answer 20

As with the search of a home, the search of a motel room by a government agent may be an unreasonable search. The patron enjoys a reasonable expectation of privacy for the duration of the rental agreement.

Note: A motel clerk’s consent to a governmental search of a room during the time it is rented is insufficient to justify the search.

Question 21

Does an overnight guest have an expectation of privacy in the home?

Answer 21

An overnight guest does have a reasonable expectation of privacy, at least as to the areas of the home to which the guest has permission to enter.

Question 22

When may police stop an automobile at a checkpoint without reasonable, individualized suspicion of a violation of the law?

Answer 22

Police may stop an automobile at a checkpoint without reasonable, individualized suspicion of a violation of the law if the stop is based on neutral, articulable standards and its purpose is closely related to an issue affecting automobiles.

A roadblock to perform sobriety checks has been upheld, while a similar roadblock to perform drug checks has not.

Question 23

What is an “inventory search?”

Answer 23

Inventory searches are administrative-type searches of items in official custody, such as impounded vehicles. After lawfully taking custody of property, police may conduct a warrantless search of other property to protect the owner’s property while in custody, to protect police from claims of theft, and to protect officers from danger.

Note: Inventory searches must be performed according to standardized criteria and procedures. Subjective intent of the officer is irrelevant.

Question 24

What is curtilage and why is it important?

Answer 24

In addition to the home itself, an area immediately surrounding the home known as the “curtilage” may be covered by the “umbrella” of the home’s Fourth Amendment protection.

In determining whether the area is protected, the following four-factor test applies:

i) The proximity of the area to the home; ii) Whether the area is included within an enclosure surrounding the home; iii) The nature of the uses to which the area is put; and iv) The steps taken by the resident to protect the area from observation by passersby.

Question 25

What is an anticipatory warrant?

Answer 25

When police seek the issuance of an anticipatory search warrant—i.e., a warrant that becomes effective only upon the occurrence of a triggering condition—the probable cause requirement is met if:
* at the time of issuance, there is probable cause to believe that the triggering condition will occurand
* if the condition does occur, there is a fair probability that contraband or evidence of a crime will be found at the place to be searched.
In United States v. Grubbs, the Supreme Court affirmed the constitutionality of anticipatory search warrants. The Court held that these warrants are not void for lack of particularity when they fail to state the triggering condition if the supporting affidavit provides sufficient information to evaluate both prongs of the probable cause requirement