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Question 1

What is involved in the element of probable cause for timing?

Answer 1

This looks at stale information and anticipatory warrants

Question 2

What does it mean that information could be stale with regard to probable cause?

Answer 2

The information that is being relied on can go stale depending on the circumstances of each case. I.e.: a long delay between the facts for the warrant application and the issuance of the warrant can result in probable cause dissipating.

Question 3

Why is it not possible for information to go stale for probable cause with regard to an arrest warrant?

Answer 3

Because if there was once a reason to arrest someone, there is always a reason, and time doesn’t change that

Question 4

Is it possible to get a search warrant to search a hotel room for intoxicants three weeks later?

Answer 4

No, because that information would be stale

Question 5

What is an anticipatory warrant?

Answer 5

A word that is based on evidence that WILL be located somewhere in the future. This is usually OK if there’s a fair probability that the evidence will be there on execution. The magistrate decides it is now probable/likely that contraband, evidence of crime, or a fugitive will be on the described premises when the warrant is executed

Question 6

What is the test for anticipatory warrants?

Answer 6

There must be a fair probability that when the triggering condition happens the contraband or evidence will be found in a particular place and probable cause to believe that the triggering condition will occur

Question 7

Federally, how long does a search warrant have before it becomes stale?

Answer 7

14 days

Question 8

What is involved in the totality of the circumstances factors for probable cause?

Answer 8

• particularity of details: race, sex, age, height, hair, clothes, points of identification to single out someone from the general public
  – size of the area: and the elapsed time to figure out distance
  – number of people in the area
  – direction of flight
  – actions or conditions of the person: running or furtive behaviour
  – person or vehicle involved in a similar crime previously

Question 9

The more identifying characteristics there are, the more likely there is what?

Answer 9

Probable cause

Question 10

Is it assumed that police will get a warrant before they do a search?

Answer 10

Yes

Question 11

How is reasonableness involved in the fourth amendment?

Answer 11

Conviction cannot be brought via methods that would offend a sense of justice or shock the conscience. I.e.: if a guy swallowed pills and then cops made him puke them up. Police cannot use coercion or violence

Question 12

Is it OK for a doctor to take a blood sample under the fourth amendment?

Answer 12

Yes, especially if he is checking for quickly dissipating blood alcohol levels. But this is a case by case analysis because if the police can reasonably get a warrant before doing the blood sample without significantly undermining the efficacy of the search, they must do that.

Question 13

What is the ultimate key to the fourth amendment?

Answer 13

Reasonableness. Search or seizure by the government triggers a reasonableness requirement of the fourth amendment

Question 14

How do you determine if the government acted reasonably with regard to the fourth amendment?

Answer 14

Balance the need to search/seize against the invasion that it entails

Question 15

What is the question to ask regarding reasonableness for the fourth amendment?

Answer 15

If the facts that the police had at the moment of the search or seizure would warrant a man of reasonable caution to believe that the action was appropriate

Question 16

What are protected areas in interest regarding the fourth amendment?

Answer 16

– colour of statute
– resisting arrest
– constitutionally protected areas

Question 17

What does colour of statute mean with regard to the fourth amendment?

Answer 17

If you subject anyone under colour of statute to a deprivation of any constitutional right, you are liable, and an action for damages can be brought in federal court against the officer that violated the fourth amendment. That officer may have a defence that a reasonable person in their position would have a good faith belief that his conduct was lawful.

Question 18

Do municipalities have immunity from liability for constitutional violations?

Answer 18

No

Question 19

Is it ever OK for someone to resist arrest through force?

Answer 19

No, even if the arrest is unlawful. The defendant must submit peacefully and pursue remedies through the judicial process

Question 20

What are constitutionally protected areas?

Answer 20

People, houses, papers, and effects. This includes things like your body or attire, an apartment, hotel rooms, garages, offices, stores, warehouses, letters, and cars

Question 21

What does the fourth amendment protect?

Answer 21

People, but not places

Question 22

If a person knowingly exposing something to the public is it protected by the fourth amendment?

Answer 22

No

Question 23

If someone tries to preserve something as private even in an area that is accessible to the public, is that protected by the fourth amendment?

Answer 23

Yes

Question 24

If FBI agents put a listening device on the outside of a phone booth and eavesdrop, and the defendant goes into the booth, shuts the door, and pays the toll, is he then entitled to assume that his words won’t be broadcast to the world?

Answer 24

Yes, because he tried to preserve his privacy. This includes things like a photo booth with the curtains closed

Question 25

If there has been a police search that likely violated the fourth amendment, what should you ask?

Answer 25

If the defendant had an expectation of privacy that society accepts as objectively reasonable

Question 26

If someone went in the photo booth and closed the curtain and then a police officer pulled the curtain back and saw the defendant doing heroin, then arrested him, and the police officer didn’t have probable cause to think that there would be contraband in the booth before he pulled the curtain, what happens?

Answer 26

The drugs can be suppressed

Question 27

Is it possible to have a reasonable expectation of privacy in a public place?

Answer 27

Yes

Question 28

For constitutionally protected areas, how does someone get privacy?

Answer 28

– the person must an exhibit actual or subjective expectation of privacy
– the expectation must be one society recognizes as reasonable

Question 29

What is involved in knock and announce?

Answer 29

Police must announce their authority and their intent to enter a residence beforehand. They must make their presence known and wait for a response.

Question 30

What is the reasoning behind knock and announce?

Answer 30

• protect the right of privacy in a dwelling by allowing peaceful surrender
• reduce the risk of violence
• avoid misunderstandings and the unnecessary destruction of property

Question 31

If a police officer didn’t do knock and announce, does that mean that the evidence he finds gets excluded?

Answer 31

No

Question 32

What are exceptions to the knock and announce rule?

Answer 32

If the police have reasonable suspicion that knocking announcing would be:

• dangerous to themselves or others, or
• would result in the destruction of evidence
• it would be a useless gesture or inhibit the effective investigation

then they do not have to do so.

Question 33

When is a “no knock” warrant given?

Answer 33

When a magistrate allows entry without prior notice because of a sufficient showing of need.

Question 34

When must knock and announce happen?

Answer 34

Before the police enter. It doesn’t count if it is done after opening the door

Question 35

What amount of time do the police have to give an owner to respond to a knock and announce?

Answer 35

They must give the owner a reasonable opportunity to respond. The wait time depends on the type of dwelling, but generally it should be a minimum of 10 seconds