Fourth Amendment: Intro, Arrests and Other Detentions Flashcards
In general, what does 4th amendment provide ?
- people should be free from UNREASONABLE searches and seizures
- warrant shall not issue except on probable cause
What constitutes a “seizure” under the 4th amendment?
“seizure” occurs when, under totality of circumstances, a REASONABLE PERSON would feel he is not free to leave
What is an “arrest”?
- Arrest is a type of seizure under 4th amendment
- Arrest occurs when someone is taken into custody against their will for:
1. prosecution; OR
2. interrogation
What is required under the 4th amendment for an “arrest”?
Must be based on “probable cause.
“probably cause” =
- trustworthy facts or knowledge;
- sufficient for a REASONABLE PERSON to believe
- that that suspect has committed or is committing a crime
Does the 4th amendment require a warrant for an arrest?
If arrest is made in public place –> NO
If arrest is made in home –> warrant is generally needed unless arrest is emergency.
NOTE –> officer executing warrant may only enter him if there is reason to believe suspect is inside
What are the other relevant detentions to know for 4th amendment, other than arrest (5)?
- Investigatory Detentions (“stop and frisk”)
- Automobile Stops
- Detention to Obtain Warrant
- Occupants of Premises
- Station House Detentions
With regards to “investigatory detention” (stop and frisk), when may officers reasonably do so?
When may they frisk?
If Police have:
- REASONABLE SUSPICION of criminal activity
- supported by ARTICULABLE FACTS (not merely hunch)
Then they may –> detain a person for investigative purposes
If they ALSO have:
- REASONABLE SUSPICION
- that person is ARMED AND DANGEROUS
Then they may –> frisk for purpose of finding weapons
What is the rule w/ regards to duration/scope of stop and frisk?
- No specific time limit
- Police must act DILIGENTLY and REASONABLY to confirm or dispel their suspicions
- Police MAY ask suspect to identify themselves, and may arrest detainee for failure to comply with such request
NOTE –> detention MAY turn into arrest if during detention probable cause for arrest arises
What is the rule re: a property seizure during a stop and frisk?
Valid, if based on REASONABLE SUSPICION
What is the general rule re: automobile stops?
Police need REASONABLE SUSPICION to believe a law has been violated
BUT: see rules on roadblocks without individualized suspicion
When are roadblocks OK?
- if there is a SPECIAL LAW ENFORCEMENT NEED
- cars are stopped on a NEUTRAL, ARTICULABLE STANDARD;
- roadblock is designed SERVE A PURPOSE CLOSELY related to a particular problem PERTAINING TO CARS and their mobility
EXAMPLE –> drunk driving roadblocks OK, but roadblocks to search for illegal drugs not OK
What is the rule re: automobile stops and an officer’s mistake of law?
Police officer’s mistake of law is OK as long as it is REASONABLE
Example –> mistakenly believing that vehicle must have TWO working brake lights
Does a seizure of an automobile constitute a seizure of ALL occupants?
Yes.
Thus –> all occupants have standing to raise WRONGFUL STOP in effort to exclude evidence.
With regards to an automobile stop, what is the rule re: ordering occupants out?
- After lawful stop, officer may order occupants out in the interests of officer safety.
- If officer REASONABLY BELIEVES detainees to be armed, he may:
1. FRISK occupants, and
2. search passenger COMPARTMENT FOR WEAPONs (even after he has ordered them out)
With regards to automobile stops, what is the rule re: pretextual stops?
If police have PC to believe a driver violated a 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.
