FOURTH AMENDMENT—ARRESTS AND OTHER DETENTIONS

Question 1

SEIZURE

MBE: 50%

Answer 1

• 4th am: people should be free from unreasonable searches & seizures.
• Any exercise of control by gov agent over a person/ thing is a seizure.
• Governmental seizures of persons, including arrests, are seizures & must be reasonable.

Question 2

PROBABLE CAUSE AND ARRESTS: What Constitutes a Seizure?

Answer 2

• Seizure occurs when, under TOC, a reasonable person would feel they were not free to decline officer’s requests/leave.

Question 3

Arrests

Answer 3

• Arrest occurs when police take a person into custody
  against their will for purposes of criminal prosecution /interrogation.

Question 4

Probable Cause Requirement

Answer 4

• Arrest must be based on PC (trustworthy facts /knowledge sufficient for reasonable person to believe suspect has committed/committing a crime where arrest is authorized by law.
• Probable cause is based on TOC

Question 5

Warrant Generally Not Required Except for Home
Arrests

Answer 5

• Warrant generally not required for arresting person in public place.
• Police generally must have a warrant for a nonemergency arrest of a person in their home.
• Officers executing warrant may enter suspect’s home only if there is reason to believe suspect is w/in it.

Question 6

Station House Detentions

Answer 6

Police must have full PC for arrest to bring suspect to the station for questioning/fingerprinting against person’s will.

Question 7

Effect of Invalid Arrest

Answer 7

An unlawful arrest, by itself, has no impact on any subsequent criminal prosecution.

Question 8

INVESTIGATORY DETENTIONS—TERRY
STOPS

Answer 8

• Police have authority to briefly detain a person even if they lack PC to arrest.
• If police have reasonable suspicion of criminal activity/involvement in a completed crime, supported by articulable facts (not merely a hunch), they may detain a person for investigative purposes.
• If police also have reasonable suspicion that detainee is armed & dangerous, they may frisk detainee for weapons

Question 9

Reasonable Suspicion

Answer 9

• Reasonable suspicion is more than just vague suspicion but is less than PC.
• Test: TOC

Informants
- When reasonable suspicion is based on informant’s tip, there must be an indicia of reliability (including predictive info) to be sufficient.

Question 10

Duration and Scope

Answer 10

• Investigatory stops are not subject to specific time limit.
• Police must act in a diligent & reasonable manner in confirming/dispelling suspicions.
• Police may ask detained person to identify themself (state their name) & generally may arrest detainee for failure to comply w/ such a request.
• Detention will also turn into arrest if during detention other** PC for arrest arises**.

Question 11

Property Seizures

Answer 11

Brief property seizures are similarly valid if based on reasonable suspicion.

Question 12

AUTOMOBILE STOPS

Answer 12

Generally, police officers may stop a car if they have at least
reasonable suspicion to believe that a law has been violated.

Question 13

Traffic Stops and Police Dogs

Answer 13

• During routine traffic stops, a dog sniff is not a search if police do not extend stop beyond time needed to issue a ticket/conduct normal inquiries.
• During a traffic stop, a dog “alert” to presence of drugs can be PC for a search.
• Police (w/o PC) cannot use drug sniffing dog outside of the home of a suspected drug dealer.

Question 14

Police Officer’s Mistake of Law

Answer 14

Officer’s mistake of law (ex. mistakenly believing that a car must have two working brake lights) does not invalidate a seizure if mistake was reasonable.

Question 15

Seizure of All Occupants

Answer 15

• Car stop is a seizure not only of car’s driver, but also of any passengers.
• Passengers have standing to raise a wrongful stop as reason to exclude evidence found during stop.

Question 16

Informational Checkpoints and Roadblocks

Answer 16

• If police set up a roadblock for purposes other than seeking incriminating info about drivers stopped, roadblock will be constitutional.
• If special law enforcement needs are involved, officers can stop cars w/o suspicion that driver violated some law.
• To be valid, roadblock must:
  (1) Stop cars on basis of some neutral, articulable standard (ex. every car) and
  (2) Serve purposes closely related to a particular problem pertaining to cars & their mobility

Question 17

Police May Order Occupants Out

Answer 17

• After lawfully stopping a vehicle, in interest of officer safety, officer may order occupants to get out.
• If officer reasonably believes detainees are armed, officer may frisk occupants & search passenger compartment for weapons, even after officer has ordered occupants out.

Question 18

Pretextual Stops

Answer 18

• If police have PC to believe driver violated traffic law, they may stop the car, even if their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop.

Question 19

Detention to Obtain a Warrant

Answer 19

• If police have PC to believe suspect has hidden drugs in their home, they may, for a** reasonable time, prevent suspect** from going into the home unaccompanied so that they can prevent suspect from destroying drugs while they obtain a search warrant.

Question 20

Occupants of the Premises

Answer 20

• Valid warrant to search for contraband allows police to detain occupants of the premises during a proper search.

Question 21

Grand Jury Appearance

Answer 21

Seizure of a person (by subpoena) for a grand jury appearance is not w/in 4th am’s protection.

Question 22

Deadly Force

Answer 22

• There is a 4th am “seizure” when officer uses deadly force to apprehend suspect.
• Officer may not use deadly force unless reasonable to do so under circumstances (ex. where suspect poses a danger to their own life/lives of others).