Fourth Amendment: Arrests and Detentions

Question 1

General Standards

Answer 1

Include:

• Probable cause
• Reasonable suspicion
• Terry standard

Question 2

Probable Cause

Answer 2

• (For an arrest)- when a reasonable person would conclude that the individual in Q has committed a crime
• (For a search)- when a reasonable person would conclude that specific items related to criminal activity can be found at a particular location.

Question 3

PC: Current Knowledge

Answer 3

PC is evaluated in terms of what was known at the moment of the government intrusion (cannot use hindsight).

Question 4

PC: Obj. v. Subj.

Answer 4

The subjective intent of the officer ordinarily has no place in a PC analysis. The inquiry is focused on what a reasonable person would have done.

Question 5

Reasonable Suspicion

Answer 5

Belief based upon articulable information used by a reasonable person or cop that the suspect has or is about to engage in criminal activity. Uses a TOC test.

Question 6

Terry Standard

Answer 6

Reasonable suspicion is required for the stop and frisk.

Question 7

Arrests: Warrant Requirement?

Answer 7

Generally, no warrant is required for an arrest in public, the police need only possess PC (unless the arrest is inside one’s home). There is also an exception for misdemeanors.

Question 8

Can Informants Provide PC?

Answer 8

PC may be obtained indirectly through an informant if there is reliability. Reliability is present if the informant’s tip contains specific details. Reliability must be established prior to the moment of arrest.

Question 9

Stops that Become Arrests

Answer 9

Police observations prior to stop may provide reasonable suspicion that suspect is engaged in criminal activity and justify limited detention and questioning. Any additional facts derived from the stop may then escalate to PC sufficient to justify an arrest.

Question 10

Arrests in Homes

Answer 10

An arrest warrant is required before police can arrest an individual in his own home, absent exigent circumstances or consent.

Question 11

Arrests in Third Party Homes

Answer 11

Police generally may not enter one’s home for the purpose of arresting the owner’s guest unless there is consent or exigent circumstances.

Question 12

Entering a Home Pursuant to an Arrest Warrant (Forced Entry)

Answer 12

Officer only have authorization for forced entry into a home, pursuant to an arrest warrant if they have reason to believe that someone is home.

Question 13

Exigent Circumstances

Answer 13

Include:

• destruction of evidence
• hot pursuit

Question 14

Arrest Warrant

Answer 14

Must be issued by a neutral and detached magistrate, supported by PC, and provide the identity of the suspect that is to be arrested. Allow police to arrest the suspect and carries with it implicit authority to search the suspect’s (but not a third party’s) home to execute the arrest if:

• police have reason to believe the suspect is home and
• the suspect refuses to respond to police requests to open the door.

Question 15

Knock and Announce Requirement

Answer 15

Unless exigent circumstances, exist, the arresting officers must knock and announce their identity before entering to make the arrest. But the violation of this requirement does not trigger the exclusionary rule.

Question 16

Knock and Announce: Exigent Circumstances

Answer 16

Include:

• Knock and announce would be dangerous
• Knock and announce would be futile
• Knock and announce would inhibit effective investigation

Question 17

Deadly Force in Arrests

Answer 17

The use of deadly force to prevent the escape of a felony suspect is allowed if:

• the suspect poses a threat of serious physical harm to the officer or to others; or
• the suspect has committed a crime involving infliction of serious physical harm if feasible warning has been given

Question 18

Arrests: Misdemeanors

Answer 18

Both police officers or private citizens may make arrests for misdemeanors when:

• the crime is committed in their presence and
• the misdemeanor amounts to a breach of the peace

-Keep in mind that no warrant is required to arrest a suspect in public for a felony.

Question 19

Terry Stops

Answer 19

Involve the stop and frisk of a suspect. Both of which require reasonable suspicion.

Question 20

Scope of a Terry Stop

Answer 20

The permissible scope of a Terry stop is limited to the time needed:

• in the exercise of due diligence
• to confirm or negate the suspicion

-But remember if the cop obtains PC during the stop, the suspect may be arrested (therefore, if their suspicion is confirmed there might be PC and an arrest).

Question 21

Terry Stops: Stop

Answer 21

Permissible when a police officer has reasonable suspicion that criminal activity may be afoot (based on their own observations or those of an informant).

Question 22

Things that Might Constitute Reasonable Suspicion For Terry Stop

Answer 22

Reasonable suspicion that crime is “afoot” may be established by:

• police observations or other eyewitness reports to the officer
• a person’s flight from police in high-crime areas or
• an informant tip + corroboration from police.

Question 23

Terry Stops Based on Anonymous Tips

Answer 23

Are likely inadequate unless there are indicia of reliability (when police are able to confirm some of the info). But keep in mind that police must confirm some of the info as reliable before conducting the stop. Therefore, a tip should contain some predictive information beyond a physical description.

Question 24

Terry Stop: Frisk

Answer 24

Police may do a limited pat-down of the suspect’s outer garments for weapons if they have a reasonable suspicion that the person detained is armed and dangerous. The frisk may also extend to the interior of a car where the suspect is sitting.

Question 25

Seizing Items During a Frisk

Answer 25

If during a frisk, an officer feels items that reasonably feel like a weapon or contraband, the officer may seize the items but common sense behaviors can be enough.

Question 26

Terry Stop: Request for Identification

Answer 26

A police officer is justified in requesting a suspect’s name during a Terry stop as long as the request has an immediate relation to the purpose of the stop.

Question 27

Routine Police Encounter

Answer 27

If a police encounter in no way restrains the freedom of the individual, it does not trigger the Fourth Amendment and requires no probable cause or reasonable suspicion.

Question 28

Orders to Get Out of a Car

Answer 28

Both the driver and any passengers may be ordered to step out of a car during a lawful traffic stop.