Fourth Amendment Flashcards
Exclusionary Rule
Evidence obtained in violation of a D’s 4th, 5th, or 6th Amendment rights generally will be excluded from evidence in the prosecution’s case in chief
Fruit of the Poisonous Tree Doctrine
Most evidence derived from unconstitutionally obtained evidence will also be excluded
Fourth Amendment Basics
The Fourth Amendment protects citizens against unreasonable searches and seizures.
4th Amendment’s Warrant Requirement
For a search and seizure to be valid, the gov’t must have acted pursuant to a valid warrant. (unless an exception applies)
Search Incident to Lawful Arrest
During a search incident to a lawful arrest (e.g., an arrest based on probable cause), the police may contemporaneously search a person and the areas within the person’s wingspan without a warrant.
“Probable Cause to Arrest”
“Probable cause to arrest” is present when, at the time of the arrest, the officer knows of reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime.
The arresting officer need to not witness the facts and circumstances firsthand, may obtain them from a trustworthy informer.
Investigatory Stop (Terry Stop)
An exception to the warrant requirement for search of a person.
A Terry stop is a brief detention for the purpose of investigating suspicious conduct.
Legal Standard for Stopping Person: Reasonable Suspicion
Hot Pursuit
Exception to warrant requirement for search and seizure
Police must be in “hot pursuit” of the fleeing felon.
Rule of Thumb: Police must be within 15 minutes of the fleeing felon
Evanescent Evidence
Evidence that might disappear quickly if the police took the time to get a warrant.
Thus, it is an exception to the warrant requirement for search and seizure.
Reasonable Suspicion relation to Probable Cause
Reasonable Suspicion < Probable Cause
Terry Stop can Germinate to a Lawful Arrest
If probable cause arises during an investigatory stop, the detention can become a full arrest and then the police officer could conduct a full search incident to that arrest.
