Fourth Amendment

Question 1

Fourth Amendment General Rule

Answer 1

Provides that people should be free in their persons from unreasonable search and seizure by the government

Question 2

What is a search?

Answer 2

A government intrusion into an area where a person has a reasonable and justifiable expectation of privacy

Question 3

What is a seizure?

Answer 3

the exercise of control by the government over a person or thing.

Requires a physical application of force by the officer or a submission to the officers show of force

Including an arrest

Question 4

What are the elements of the Fourth Amendment?

Answer 4

1. Government action?
2. Search/Standing?
3. Valid Warrant?
4. Good-Faith Defense?
5. Exceptions to the warrant requirement?

Question 5

Elements of Standing

Answer 5

1. Did the defendant have a reasonable expectation of privacy?
2. Were the defendant’s rights violated?

Question 6

Elements of Reasonable Expectation of Privacy

Answer 6

1. Subjective: Did the Defendant have an actual expectation of privacy?
2. Objective: Is the expectation of privacy one that society is prepared to deem reasonable?

Question 7

Elements of Valid Warrant Requirement

Answer 7

1. Issued by a neutral and detached warrant
2. probable cause established by facts in an affidavit under oath
3. particularly describes what is to be searched/seized

Question 8

Elements of Good-Faith Defense

Answer 8

1. Facially Valid Warrant

** Executing officer had no way of knowing the warrant was invalid
** Will deal with an issue in probable cause and neutral and detached magistrate

Question 9

Exceptions to Warrant Requirement

Answer 9

1. Search Incident to Lawful Arrest
2. Automobile
3. Invenotiry Search
4. Consent
5. Plain View
6. Hot Pursuit of a Felon
7. Exigent Circumstances
8. Terry Stop & Frisk

Question 10

Search Incident to Lawful Arrest (SILA) General Rule

Answer 10

The police may conduct a warrantless search incident to an arrest as long as it was made on probable cause

Question 11

SILA showing for arrestee

Answer 11

1. Valid Arrest
2. Contemporanous Search

Question 12

SILA scope for arrestee

Answer 12

1. The arrestee’s person
2. The area within the arrestee’s immediate control

Question 13

SILA showing as it applies to vehicles

Answer 13

1. Valid Arrest
2. Recent occupant
3. search contemporaneous to arrest
4. either likelihood of finding evidence of crime or vehicle readily accessible

Question 14

SILA scope as it applies to vehicles

Answer 14

1. Passenger Compartment
2. Open/Closed Containers

** Not locked containers

Question 15

Showing for Arrest in One’s residence

Answer 15

1. Arrest Warrant
2. Probable Cause

Question 16

Exigency Showing

Answer 16

1. Probable cause to arrest
2. Qualifying exigency to act without first securing a warrant

Question 17

How to determine qualifying exigency

Answer 17

1. likelihood of harm (prob cause standard) (may be reasonable suspicion standard like the knock-and-announce rule
2. Gravity of the Harm
3. Imminence of the Harm

Question 18

Exigency Scope

Answer 18

As long as the exigency exists

Question 19

Automobile Exception General Rule

Answer 19

If the police have probable cause to believe that a vehicle such as an automobile contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the vehicle without a warrant

Question 20

Automobile Exception Showing

Answer 20

1. Probable Cause to Search
2. Must be vehicle within the definition

Question 21

What is the definition of a vehicle?

Answer 21

Readily mobile means of transportation within its own locomotive power

Question 22

Automobile Exception Scope

Answer 22

Wherever the officer has probable cause to search

Question 23

Container Searches Showing

Answer 23

Probable cause and
search warrant

Question 24

Container Seizure Showing

Answer 24

Probable cause

Question 25

Arrestee Inventory Search Showing

Answer 25

1. lawful arrest 2. prospective incarceration 3. standard inventory procedures

Question 26

Arrestee inventory search scope

Answer 26

1. arrestee's person 2. belongings 3. containers 4. strip search or cavity search if justified by practical necessities

Question 27

Vehicle Inventory Search Showing

Answer 27

Impounded vehicle lawful impoundment follow standard procedures

Question 28

Vehicle Inventory Search Scope

Answer 28

All accessible areas, including passenger compartment and trunk (even under hood) Anywhere someone has ready access to steal

Question 29

Consent Showing

Answer 29

Voluntariness not induced by coercion

Question 30

Consent Scope

Answer 30

Anything the person consents to

Question 31

Plain View

Answer 31

1. Police are legitimately on the premises 2. discover evidence, fruits or instrumentalities of crime or contraband 3. see such evidence in plain view 4. have probable cause to believe that the item is evidence, contraband, or fruit or instrumentality of crime. ** incriminating nature of object must be reasonably apparent.

Question 32

Terry Search of Person Showing

Answer 32

Reasonable suspicion that person is presently armed and dangerous criminal activity is afoot

Question 33

Terry Search of Object Showing:

Answer 33

Criminal activity is afoot involving that object

Question 34

Terry search for vehicle

Answer 34

vehicle has weapon may search accessible areas in passenger compartment where weapons can be hidden

Question 35

Protective Sweep Scope

Answer 35

1. Anywhere where one may hide 2. Until police complete arrest and depart from premises

Question 36

School Searches

Answer 36

Reasonable Suspicion that one is breaking the law/rules May search where there is reasonable suspicion to search

Question 37

Basis for reasonable suspicion

Answer 37

totality of the circumstances