Fourth Amendment

Question 0

Exclusionary rule

Answer 0

All evidence seized in violation of 4th A is inadmissible in criminal processing.
Includes physical E and statements.
Can be used to impeach testimony.
* Exception when there was an invalid warrant that a reasonable officer would have thought valid.

Question 1

Requirements for 4th amendment to apply

Answer 1

1. Government action (includes private party acting under govt direction)
2. Reasonable expectation of privacy.
3. Standing

Question 3

Arrest

Answer 3

When govt official prevent D from leaving. Deprived of his freedom.
Warrant not required in public place with PC.
Warrant required for non emergency arrest in Ds own house.
Officer must knock and announce.

Question 3

Warrant requirements

Answer 3

1. Issued with PC- more probable than not that items will be found.
2. Detached magistrate
3. Describe with particularity the place to be searched and items or persons to be seized.

Question 4

Warrant exceptions

Answer 4

1. Property in plain view and officer is allowed to be there if immediately apparent that evidence is incriminating.
2. Voluntary consent to search given by someone with control over the property.
3. In reasonable pursuit of a suspect.
4. Exigent circumstances and officer reasonably believes that evidence may be lost or destroyed.
5. Momentary detention and very limited questioning.
6. Incident to a valid arrest.
7. On a premise subject to a regulatory license and at a reasonable hour.
8. Customs officer at a international checkpoint.
9. Object searched is in official custody.

Question 6

Stop and frisk

Answer 6

Permitted if officer reasonably believes that criminal activity may be afoot.
can be based on officers judgement or an informant.

Question 7

Lawful arrest exception to warrant

Answer 7

Officer can search the defendants person and area within Ds immediate control to protect the officer and to prevent destruction of evidence.
has to be contemporaneous with arrest or can proceed it.

Question 8

Automobile searches

Answer 8

Can’t have random stop without reasonable suspicion of wrong doing.
* But can have checkpoint where every third car is checked.

Question 9

Consent searches

Answer 9

Defendant’s consent must be voluntary and intelligent without coercion, but don’t need to tell can deny consent.
Anyone with joint control or shared use can consent to a search.