Fourth Amendment -- Warrant Requirements & Exigent Circumstances Flashcards
What happens when a warrantless search or seizure in a person’s home occurs?
Warrantless searches and seizures are of a person’s home are presumed invalid.
What do you need to get a warrant?
Probable cause.
Do public arrest require a warrant?
You do not need a warrant to publicly arrest someone so long as the O had probable cause. E.g., the defendant committed a crime in front of the police officer, crimes punishable by fine are sufficient.
What offenses require a warrant?
Warrants specific to a car require a warrant.
If you want to search a car next to a house, the warrant must include the car in the scope of the search, same thing with a motorcycle.
What are the elements of a valid warrant?
[FRE 41(e)(2)(a)].
A warrant must be:
1. Specific
a. Specify what O is allowed to look for;
b. Specify what property can be searched OR what person or property may be seized.
- Narrowly Tailored
a. The warrant should be narrowly tailored to the place being searched. - Neutral Magistrate
a. The warrant must be issued by a neutral magistrate. - Times
a. Warrants must be executed during the daytime, unless they have specified otherwise in the warrant application.
b. What is the expiration date for the warrant? Warrants are valid for 14 days unless specified otherwise in application.
How to execute a warrant?
The O must Knock and Announce, unless there is a reason it would pose a danger to the O or lead to the destruction of evidence.
NEXUS – There must be a nexus between items to be found and pace searched [no looking for TVs in jewelry box].
SEARCH confided to underlying Justification.
ARREST – Police can detain individuals that are in the SCOPE of the warrant, can’t be too far from the premises. Can search others unless there is PC, or RAS for a patdown.
MISTAKES – Mistake okay as long as objectively reasonable.
What do exigent circumstances allow O to do?
If there are exigent circumstances, O can search W/O a warrant if there is PC.
The main exigent circumstances are:
- Destruction of evidence;
- Catching a fleeing criminal [Hot pursuit]; and
- Safety of citizen is at risk.
When is the destruction of evidence exigent circumstances present?
If suspect did not begin destroying the evidence because of the Os 4 A violations, THEN warrantless entry to prevent the destruction is reasonable and allowed.
When is the hot pursuit exigent circumstance present?
If the O is informed of something just happens, e.g., suspect robbed bank and ran into house, then O can enter home without a warrant. However, the scope of what can be search depends on the facts, cannot search whole home.
A murder scene is NOT ALWAYS AN EXIGENT CIRCUMSTANCE.
When do O not have to K&A?
Do not have to K&A if:
1. They have a reasonable suspicion to believe that doing so would pose a danger to the officers; OR
2. Would lead to destruction of evidence.
NOTE HOWEVER ER does not apply to failure to K&A.
When do O not have to K&A?
Do not have to K&A if:
1. They have a reasonable suspicion to believe that doing so would pose a danger to the officers; OR
2. Would lead to destruction of evidence.
NOTE HOWEVER ER does not apply to failure to K&A.
What happens if the safety of a citizen is in danger?
Police can enter the home w/o a warrant if there is an objectively reasonable basis to believe an occupant of the home would be endangered were they to wait to obtain an warrant.
