Fourth Amendment Arrests and Other Detentions

Question 1

Fourth Amendment

Answer 1

Provides that people should be free from unreasonable searches and seizures

Question 2

Seizure

Answer 2

When a reasonable person would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter
-Any exercise of control by a government agent including arrests and car stops
-Totality of the circumstances test

Question 3

Arrest

Answer 3

When the police take a person into custody against their will for purposes of criminal prosecution or interrogation
-Must be based on probable cause
-Warrant is not required not a public place, but is for a suspect’s home unless there is an exception

A STOP IS NOT AN ARREST
-No PC needed for a stop, only ARS

Question 4

Probable cause

Answer 4

Based on trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is a committing a crime
-Totality of the circumstances

Question 5

Terry stops

Answer 5

Police can briefly detain a person for investigative purposes without probable cause if they have:
(1) a reasonable suspicion of criminal activity
(2) supported by articulable facts

Not subject to a time limit, but police must act in a diligent and reasonable manner in confirming or dispelling their suspicions
-May arrest the detainee for failure to comply or if other probable cause for arrest arises

Question 6

Reasonable suspicion

Answer 6

More than just a vague suspicion but less than probable cause
-Totality of the circumstances

Question 7

Informant

Answer 7

When reasonable suspicion is based on an informant’s tip, there must be an indicia of reliability to be sufficient

Question 8

Automobile stops

Answer 8

Police can lawfully stop a car if they have at least reasonable suspicion to believe a law has been violated (even if they have ulterior motive)
-A dog sniff is not a search, but can be the basis for probable cause (only for cars, not homes)
-After a lawful stop, police can order occupants out of the vehicle and, if he reasonably believes they are armed, can frisk them and search the vehicle
-Police mistake of law does not invalidate a seizure as long as its reasonable
-A wrongful stop gives all occupants Fourth Amendment standing

Question 9

Informational checkpoints and roadblocks

Answer 9

Police can set up roadblocks to stop withouts without individualized suspicion (i.e., DUI checkpoints on NYE) when:
-Neutral, articulable standard for stop; and
-Closely related to a particular problem pertaining to automobiles