Fourth Amendment - What is a Seizure? Flashcards
United States v. Karo
Installation of beeper in container of chemicals with consent of original owner. No seizure.
Container was moved into home etc.
A seizure of property occurs when?
“there is some meaningful interference with an individual’s possessory interest in that property.” Jacobsen
elements of seizure
interference with possessory rights & interference is “meaningful.”
Is trivial interference enough?
NO.
Categories of seizable items
Contraband - evidence that may not be lawfully possessed
fruits of a crime
instrumentalities used in the commission of an offense (e.g. getaway car, weapon)
“mere evidence” - an item of value to the police solely bc it will help in the apprehension or conviction of a person for an offense. (ex. bood stained shirt).
historically, mere evidence could not be seized. Gouled. Abandoned in 67 by Warden v. Hayden.
What is a seizure of a person
the arrest
Tery v. Ohio
seizure occurs “when the officer, by means of physical force or show of authority has in some way restrained the liberty of a citizen.”
Payton v. New York
If I am going to arrest you in your home you need a warrant.
Exceptions?
Consent, exigent, 3rd partys home w consent
Dorman
warrantless arrests in public places are valid.W
Gerstein hearing
to satisfy the timeliness requirement, a jurisdiction must provide a probable cause determination within 48 hours after a warantless arrest, absent a bona fide emergency or other “extraordinary circumstance.”
Exceptions to the Payton Rule
Exigent circumstances, consent
Minn v. Olson
A warantless intrusion may be justified by hot pursuit of a fleeing…
United States v. Watson
S. Ct. held that under the 4th Amendment, arrest warrant is not required to make a felony arrest in a public place.
U.S. v. Santanta
curtilage counts as public under Payton. Defendant in doorway and retreated inside where police followed. Allowed.
Steagald principle
cannot arrest in 3rd party home because 3rd party has privacy interest free from unreasonable invasion and search of his home
(Excessive force) if used is arrest valid?
nah & fruit of the poisonous tree analysis
TN v. Garner
deadly force used for fleeing robber. Test for excessive force - did officer reasonably believe the amount of forced used was necessary?
If you sue the officer, potential defense? Qualified immunity.
Lo-Ji Sales, Inv. v. New York
warrant must particularly describe the things to be searched.
Judge must demonstrate a neutral and detatched officer.
Richards v. Wisconsin
reasonable suspicion required for no knock.
WI S. Ct. tried to say no knock for felony drugs.
Reasonable suspicion
dangerous/futile/inhibit investigation
officer must be able to articulate something more than an “inchoate & unparticularized suspicion or huntch.
Wilson v. Arkansas
knock & announce requirement could give way “under circumstances presenting a threat of physical violence” or “where police officers have reason to believe that evidence would likely be destroyed if advance notice were given.
property damage as necessary (U.S> v. Banks)
Does the 4th Amendment have an implied knock & announce?
Yes. Exceptions, threat of violence, prisoner escape, destroying evidence.
Warden v. Hayden
Robber hid gun in toilet. OK bc would gravely endanger the lives of officer or others. Things found in washer ok.
