Fourth Amendment - Arrests and Other Detentions Flashcards
What is a seizure?
The 4th amendment provides that people should be free from unreasonable searches and seizures. Any exercise of control by a government agent over a person or thing is a seizure.
What constitutes a seizure?
A seizure occurs when, under the totality of the circumstances, a reasonable person would feel that they were not free to decline the officer’s requests or otherwise end the encounter.
Probable Cause Requirements - Arrests
An arrest must be based on PC, trustworthy facts sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law.
What is probable cause based on?
The totality of the circumstances.
Investigatory Detentions - Terry Stops
Police have the authority to briefly detain someone even if they lack PC for an arrest. If the police have a reasonable suspicion of criminal activity or involvement in a completed crime, supported by articulable facts, they may detain for investigative purposes.
What is reasonable suspicion?
Reasonable suspicion is more than just vague suspicion but is less than probable cause. Whether the police have reasonable suspicion is based on the totality of the circumstances.
What is reasonable suspicion is based on an informant’s tip?
There must be an indicia of reliability to be sufficient.
Automobile Stops
Police may generally stop a car if they have a reasonable suspicion that a law has been violated.
To be valid, the roadblock must:
- stop cars on the basis of some neutral, articulable standard and
- be designed to serve purposes closely related to a particular problem pertaining to cars and their mobility.
pretextual stops
if the police have PC to believe a driver violated a traffic law, they can stop the car even if they have an ulterior motive to investigate for a different crime.
