Fourth Amendment - Cases Flashcards
Fourth Amendment
Brinegar v. United States (1949)
Probable Cause
Probable cause exists where the facts and circumstances within their knowledge and of which they have reasonably trustworthy information are sufficient for a reasonable person to believe a crime has been committed
Fourth Amendment
Illinois v. Gates (1983)
Fair Probability
A warrant application satisfies the Fourth Amendment probable cause requirement so long as it establishes a substantial basis for concluding that a search will uncover evidence of wrongdoing.
Fourth Amendment
Johnson v. United States (1948)
Warrant required to search residence
A warrant is required to search any residence absent exigent circumstances
Objective reasonableness does not require you find what you are looking for immediately
Fourth Amendment
United States v. Robinson (1973)
Warrant Exception: Search Incident to Arrest
Every arrest must be presumed to present a risk of danger to the arresting officer
Fourth Amendment
Riley v. California (2014
Warrant Required: Search of Cellphone seized incident to arrest
Under the Fourth Amendment, the government may not conduct a warrantless search of the contents of a cell phone seized incident to an arrest absent exigent circumstances.
Fourth Amendment
Chimel v. California (1969)
Immediate Control/Grabbable Area
Incident to a lawful arrest, a warrantless search of the area in possession and control of the person under arrest is permissible under the Fourth Amendment.
Fourth Amendment
Maryland v. Buie (1990)
Protective Sweep
Incident to an arrest, the police may conduct a protective sweep of a premises based on reasonable suspicion that other people who pose a threat are in the building, provided the search is limited to those areas where a person may be hiding.
Fourth Amendment
Vale v. Lousiana (1970)
Cannot Search Dwelling when Arrest is Outside
An arrest on the street, without more, does not provide justification for a warrantless search of the arrestee’s house.
Fourth Amendment
Illinois v. McArthur (2001)
Temporary seizure/detention of individual while waiting for warrant to search
A temporary seizure is lawful if it is supported by probable cause, limited in nature, and tailored reasonably to secure law enforcement needs while also protecting privacy interests.
Fourth Amendment
Payton v. New York (1980)
Warrant Required to Enter Home to Arrest
Absent exigent circumstances, the police may not enter a person’s home to make an arrest without a warrant.
Fourth Amendment
Scheneckloth v. Bustamonte (1973)
Consent – Totality of Circumstances Analysis
The court must look at the totality of the circumstances in order to determine whether consent to a warrantless search absent probable cause was freely and voluntarily given.
Burden of Proof on Defendant
Fourth Amendment
Hoffa v. United States (1966)
4th Amendment does not cover Misplaced Trust
The Fourth Amendment does not protect a wrongdoer’s misplaced belief that a person to whom he voluntarily confides his wrongdoing will not reveal it.
Fourth Amendment
Carroll v. United States (1924)
Warrantless Search of Automobile if Probable Cause exists
Contraband goods concealed and illegally transported in an automobile or other vehicle may be searched for without a warrant when the seizing officer has reasonable or probable cause for believing that the vehicle has contraband
Fourth Amendment
California v. Acevedo (1991)
Automobile Exception: Containers w Probable Cause
The Fourth Amendment permits warrantless searches of containers found in automobiles provided the police have probable cause that the container contains contraband.
Fourth Amendment
New York v. Belton (1981)
Automobile Exception: Immediate Control
Incident to a lawful arrest, the police may search the area within the arrestee’s immediate control.
Fourth Amendment
Arizona v. Gant (2009)
Automobile Exception: Immediate Control ONLY before arrest
Fourth Amendment
Katz v. United States (1967)
REOP
The Fourth Amendment prohibition against unreasonable searches and seizures of physical items extends to recordings of oral statements.
Fourth Amendment
Florida v. Jardines (2013)
Curtilage = Protected
Using a drug-sniffing dog on a homeowner’s porch to investigate the contents of the home is a search within the meaning of the Fourth Amendment.
Fourth Amendment
Florida v. Riley (1989)
Aerial Surveillange
Acceptable if common
Fourth Amendment
Kyllo v. United States (2001)
Search = Trespass OR REOP
A search may be either a physical intrusion or a violation of a person’s reasonable expectation of privacy. Kyllo v. United States (2001)
Tech Not In Common Use = Search
Obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical intrusion into a constitutionally protected area constitutes a search when the technology is not in general public use.
Fourth Amendment
Terry v. Ohio (1968)
Investigative detention on reasonable suspicion
When an officer observes unusual conduct that reasonably leads him to assume that criminal activity is afoot and that the people he is interacting with are armed, the police officer may conduct a limited search for weapons.
Fourth Amendment
California v. Hodari D (1991)
Show of Authority + Fleeing =/= continuing arrest
A Fourth Amendment seizure occurs where the police exercise physical force over a subject or where a subject submits to an officer’s show of authority.
Fourth Amendment
Carpenter v. United States (2018)
CSLI = Requires Warrant
Compelling wireless carriers to turn over data that tracks users’ movements for long periods of time requires a warrant, absent exigent circumstances.
Fourth Amendment
United States v. Chadwick (1977)
Automobile Exception: Search of Containers
Chimel extends to containers on the person, such as a wallet, and containers immediately associated with the person, such as a purse
Fourth Amendment
Florida v. Jimeno (1991)
Scope of Consent = Objective
The scope of consent is determined by objective reasonableness, not the suspect’s intent or the officer’s perception of the suspect’s intent.
