Fourth Amendment - Arrest

Question 1

Arrest warrants are generally not required before arresting someone

Answer 1

in a public place when there is probable cause

Question 2

The non-emergency arrest of an individual in his own home requires

Answer 2

an arrest warrant.

Question 3

An arrest has occurred when…

Answer 3

A person is taken into custody for the purpose of commencing a criminal action, in the presence of a law enforcement officer, is not free to leave, and is thus deprived of his freedom of action in a significant way.

Question 4

Warrant Requirement

Answer 4

A valid arrest may occur either with or without a warrant. Generally, no warrant is required for an arrest; the police need only possess probable cause.

Question 5

The requirements for an arrest warrant are virtually identical to

Answer 5

the requirements for a search warrant.

Question 6

Warrantless in-home arrests may be justified by consent or exigent circumstances when:

Answer 6

(a) an arrest attempt outside the home is thwarted because the suspect retreats into the home;
(b) there is insufficient time to secure a warrant because the delay would allow the suspect to evade arrest or destroy evidence; or
(c) the arresting officer is in “hot pursuit” and has probable cause to effect a valid arrest of the suspect.

Question 7

Police generally may not legally search for the subject of an arrest warrant in the home of a third party absent

Answer 7

exigent circumstances or consent without first obtaining a search warrant for those premises

Question 8

The Fourth Amendment’s “reasonableness requirement” is triggered by:

Answer 8

any government seizure of a person or property

Question 9

A person is seized when, as the result of government action:

Answer 9

a reasonable person in his position would not feel free to leave or terminate police encounter

A seizure occurs when the police use physical force to restrain a suspect, or when they make a show of authority followed by submission.

Question 10

What is a Terry Stop?

Answer 10

Terry Stop: Between a routine police encounter and arrest is a Terry Stop.

A Terry Stop is a “brief investigatory seizure” because police require the suspect to interact with them, therefore triggering the Fourth Amendment.

Question 11

The difference between a Terry Stop and an Arrest is:

Answer 11

Duration and Purpose

Question 12

Purpose of a Terry Stop

Answer 12

A Terry Stop is not the initiation of criminal action, it is for the sole purpose of investigating a “reasonable suspicion” crime is about to, or has recently occurred.

Question 13

Duration of a Terry Stop

Answer 13

The permissible duration of a Terry Stop is time necessary to confirm or deny the suspicion

If confirmed, suspicion blossoms into probable cause, which justifies arrest

If denied, seizure must terminate

Question 14

What is a Seizure of Property

Answer 14

For property to be seized, police must take some action that results in meaningful interference with a possessory ­­­interest

If police take control of property, then it has been seized

Question 15

If police place something on the property (like a beeper) that does not interfere with the owner’s use of the property, then

Answer 15

it has not been seized because police have not interfered with a possessory interest in that property

Question 16

Full blown arrest requires…

Answer 16

In Public: Probable Cause

At Home: Warrant (Except where there is consent or exigent circumstances)

Question 17

Escalating Terry Stop to an Arrest

Answer 17

Reasonable suspicion for a Terry Stop can “blossom” into probable cause. If during the investigatory stop the police officer obtains additional information rising to the level of probable cause, the Terry Stop may be escalated to an arrest and the suspect may be searched incident to that arrest.

Question 18

Exigent circumstances justifying a warrantless entry into the suspect’s home to execute an arrest requires the following:

Answer 18

1. An arrest attempt outside the home is: thwarted because the suspect retreats into the home
2. insufficient time to secure a warrant because delay would allow suspect to destroy evidence
3. Hot pursuit and has probable cause to arrest
4. The officer did not: deliberately create the exigency just to avoid a warrant

Question 19

Terry Stop Reasonable Suspicion may be established by:

Answer 19

1 - Police observation or eye witness reports

2 - Headlong flight from the police in high crime neighborhood

3 - Informants tip coupled with police investigation that corroborates the accuracy of the informants predictions

Question 20

Unlike the test for probable cause, which requires the tip to provide predictive inside information, reasonable suspicion is established by:

Answer 20

verifying the informants predictions even if they don’t indicate insider access

Must not simply provide existing information

Question 21

Requirement for Seizure of Property

Answer 21

A warrant based on probable cause

Question 22

No warrant is required to seize property if…

Answer 22

It is in the Officer’s Plain View

Question 23

Plain View Requires:

Answer 23

1. The police are: in a lawful vantage point to observe the item,
2. The incriminating nature of the item is: immediately apparent, and
3. The officer has: lawful access to the point of seizure.

**Note: Only an exception to a seizure not a search