Fourth Amendment - What is a Seizure?

Question 1

United States v. Karo

Answer 1

Installation of beeper in container of chemicals with consent of original owner. No seizure.

Container was moved into home etc.

Question 2

A seizure of property occurs when?

Answer 2

“there is some meaningful interference with an individual’s possessory interest in that property.” Jacobsen

Question 3

elements of seizure

Answer 3

interference with possessory rights & interference is “meaningful.”

Question 4

Is trivial interference enough?

Answer 4

NO.

Question 5

Categories of seizable items

Answer 5

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.

Question 6

What is a seizure of a person

Answer 6

the arrest

Question 7

Tery v. Ohio

Answer 7

seizure occurs “when the officer, by means of physical force or show of authority has in some way restrained the liberty of a citizen.”

Question 8

Payton v. New York

Answer 8

If I am going to arrest you in your home you need a warrant.

Question 9

Exceptions?

Answer 9

Consent, exigent, 3rd partys home w consent

Question 10

Dorman

Answer 10

warrantless arrests in public places are valid.W

Question 11

Gerstein hearing

Answer 11

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.”

Question 12

Exceptions to the Payton Rule

Answer 12

Exigent circumstances, consent

Question 13

Minn v. Olson

Answer 13

A warantless intrusion may be justified by hot pursuit of a fleeing…

Question 14

United States v. Watson

Answer 14

S. Ct. held that under the 4th Amendment, arrest warrant is not required to make a felony arrest in a public place.

Question 15

U.S. v. Santanta

Answer 15

curtilage counts as public under Payton. Defendant in doorway and retreated inside where police followed. Allowed.

Question 16

Steagald principle

Answer 16

cannot arrest in 3rd party home because 3rd party has privacy interest free from unreasonable invasion and search of his home

Question 17

(Excessive force) if used is arrest valid?

Answer 17

nah & fruit of the poisonous tree analysis

Question 18

TN v. Garner

Answer 18

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.

Question 19

Lo-Ji Sales, Inv. v. New York

Answer 19

warrant must particularly describe the things to be searched.

Judge must demonstrate a neutral and detatched officer.

Question 20

Richards v. Wisconsin

Answer 20

reasonable suspicion required for no knock.

WI S. Ct. tried to say no knock for felony drugs.

Question 21

Reasonable suspicion

Answer 21

dangerous/futile/inhibit investigation

officer must be able to articulate something more than an “inchoate & unparticularized suspicion or huntch.

Question 22

Wilson v. Arkansas

Answer 22

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)

Question 23

Does the 4th Amendment have an implied knock & announce?

Answer 23

Yes. Exceptions, threat of violence, prisoner escape, destroying evidence.

Question 24

Warden v. Hayden

Answer 24

Robber hid gun in toilet. OK bc would gravely endanger the lives of officer or others. Things found in washer ok.

Question 25

Illinois v. McArthur

Answer 25

probable cause that marijuana hidden. Cop stays to supervise while other gets warrant.

Warrantless seizure but reasonable.

Question 26

Michigan v. Summers

Answer 26

bright-line rule. In connection w/ search warrant/secure premises

Question 27

Right of detention is automatic? (T/F)

Answer 27

True

Question 28

Mena

Answer 28

p. 253

Question 29

Bailey

Answer 29

Far away? Cannot detain

Question 30

(Honest mistake) Maryland v. Garrison

Answer 30

Apartment divided into 2 apartments, honest mistake reasonable.

Question 31

Bringham v. Utah (community caretaking)

Answer 31

reasonable warrantless entry. Saw fight in kitchen at house party. Assisting persons who are seriously injured or threatened with injury. (objectively reasonable basis…less than PC)

Question 32

Caniglia v. Strom

Answer 32

Community caretaking function exception. Justified officer taking gun, threat to themselves (Psych eval). (objectively reasonable basis…less than PC)