Fourth Amendment Flashcards
Identify the circumstances in which evidence may be seized under the plain view doctrine.
LEO must be legally present in someone’s REP.
See something that is immediately apparent as evidence of a crime.
Must have lawful right of access.
Identify the limitations of an arrest warrant
Officer must have statutory authority to arrest.
If suspect is in third-party residence, must also have search warrant unless consent of occupants or exigent circumstance
Identify the scope and purpose of a protective sweep.
May sweep those spaces where an individual might be found. Closet and adjoining rooms where seizure took place.
Identify when an arrest involving a misdemeanor requires the use of a warrant.
In LEO’s presence, no warrant required. Need AW or SW, consent, or exigency to enter a residence.
Identify when an arrest involving a felony requires the use of a warrant.
Must be in public place, otherwise a warrant is needed if suspect is inside a residence unless consent to enter is given or exigent circumstances exist
Identify those officials who have the authority to issue Federal search warrants.
US Magistrate Judges, District Court Judges, Circuit Court of Appeals Judge, Supreme Court Justice, and State Court Judges who are a court of record
Identify the conditions under which an officer an officer may use force to execute a warrant (search or arrest) according to the provisions of Title 18 U.S.C. § 3109
Applies only to fed LEOs. Government must first knock, then announce authority and purpose, and must be refused or denied entry.
If arrest warrant, must have reasonable belief that target is there
Identify the components of an affidavit for a search warrant.
Every search warrant must particularly describe the place to be searched and the person or things to be seized.
Establish a nexus
Establish PC
Describe where/who to search and what to search or seize.
Identify circumstances when a telephonic search warrant should be obtained.
When exigency exists and there is not enough time to to obtain a warrant but there is enough time to obtain a warrant telephonically. Telephonic warrants must be issued by federal judges.
Identify the legal requirements for executing a search warrant, e.g., authority to execute; time of entry; method of entry; locations on a premises which may be searched; duration of the search; and inventory.
Lives for 14 days max.
Daytime warrant - 6am - 10pm(default) nighttime- anytime
Stay as long as reasonable
Protective sweeps unlimited
Pg 138 rettele
People - search is specified in warrant. If not, general rule no search unless PC is established
Search container but not those belonging to social/commercial guests
Vehicles, search if on curtilage and not social/commercial
Identify fact situations where warrantless searches are allowed during exigent circumstances, e.g., hot pursuit, destruction or removal of evidence, and emergency scenes.
Exigent - when a reasonable person would believe that, based on the available facts, an immediate entry or search is necessary to prevent escape of the suspect, the destruction of evidence, or the death/I jury of a person. PC is required.
Identify fact situations where warrantless searches are allowed regarding motor vehicles.
No warrant required if PC to believe that mobile conveyance has evidence of a crime or contraband located within it.
Identify circumstances where a suspect’s consent to search is voluntary.
A product of their own free will. Totality of circumstances. From someone with authority.
Identify the circumstances in which a third party has the actual or apparent authority to grant consent to search a suspect’s property.
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Identify the requirements and scope of a search incident to a lawful arrest.
Three requirements.
1. There must be a lawful arrest
2. Search must be substantially contemporaneous with the arrest.
3. Area searched has to be currently accessible by the arrestee.
Where?
Person - head to toe and lunging distance
