search and seizure

Question 1

sensory help- binoculars and dogs

Answer 1

not considered a search unless they use x-ray device, or come upon the curtilage of the home, so looking through binoculars to open windows across the street is fine.

Question 2

effect of warrant

Answer 2

presumption of 4th amendment compliance

Question 3

arrest warrant can search suspect’s home if

Answer 3

• police have reason to believe the suspect is home, and

- the suspect refuses to respond to police requests to open the door.

Question 4

scope of search warrant

Answer 4

o A search warrant allows police to search the specified place for the specified contraband.

Question 5

invalidation of warrant

Answer 5

o the warrant was not based on valid probable cause;
o the magistrate was not neutral and detached;
o the warrant failed to describe with particularity the thing to be seized or place to be searched (i.e., the warrant is too general); or
o the affidavit supporting the warrant was so lacking in probable cause that no rookie officer would have trusted it. For example:
 the affidavit offers no objective support for its assertion; or
 the information in the affidavit is obviously stale.

Question 6

execution of warrant invalidates when

Answer 6

 Warrant execution that “shocks the conscience” is unreasonable.

Question 7

 Knock and announce is NOT required

Answer 7

if the police have a reasonable suspicion that doing so will endanger the officers, lead to destruction of evidence, or cause the flight of the suspect.

Question 8

o Probable cause

Answer 8

means a “fair probability,” and exists when there are facts and circumstances that lead a reasonable officer (objective standard) to conclude that the individual committed a crime (for an arrest) or that specific items related to criminal activity can be found at a particular location (for a search).

Question 9

the permissible scope of a Terry stop

Answer 9

limited to:
 in the exercise of due diligence;
 to confirm or negate the suspicion.

Question 10

• Routine Police Encounter

Answer 10

o If a police encounter in no way restrains the freedom of the individual (i.e., there is no use of force or show of authority followed by submission), it does not trigger the Fourth Amendment and requires no cause.

Question 11

o Reasonable suspicion that crime is “afoot” may be established by:

Answer 11

 police observations or other eyewitness reports to the officer;
 a person’s flight from police in high-crime areas; or
 an informant tip plus police investigation that corroborates the tip’s predictions.

Question 12

tip for PC v. rs

Answer 12

• Unlike a tip that establishes PC, to establish RS, the tip does not have to indicate that the informant has “insider” access to the suspect.

Question 13

if the RS that led to the Terry stop grows into PC during the stop

Answer 13

then the suspect can be arrested during a terry stop

Question 14

anonymous tips and terry stops

Answer 14

needs to provide predictive info, not just that someone is standing at a bus-stop with an illegal pistol

Question 15

plain view exception

Answer 15

 the police observe the property while they are in a lawful vantage point (e.g., it is in public or they are otherwise lawfully in the place from whence they observe the item);
 what police observe immediately establishes PC to justify the seizure; and
 the officer has lawful access to the point of seizure (if the officer has to “get to” the item to seize it, they must have lawful authority to do so).

Question 16

grand jury exception

Answer 16

grand jury may consider illegally seized evidence in arriving at a finding of probable cause to return an indictment against a defendant. so when trying quash an indictment, would not work

Question 17

implied form of consent

Answer 17

giving keys to someone

Question 18

fourth amendment

Answer 18

The Fourth Amendment prohibits unreasonable government searches and seizures.
A warrant raises the presumption that a search is reasonable and any search or seizure
without a warrant is presumptively unreasonable.

Question 19

Search of Car

Answer 19

Warrantless searches are generally unreasonable unless the search falls into an established exception to the warrant requirement. One such exception is an
automobile search. Police may search an automobile or any other self-propelled conveyance without a warrant so long as they have probable cause. The permissible scope of the search is dictated by the probable cause, which prohibits police from automatically searching the entire vehicle.

Question 20

arrest warrant and third party residences

Answer 20

Police may not cross the threshold of a third party’s residence to execute a valid arrest warrant unless the police first obtain a search warrant authorizing the entry into the residence or there are otherwise exigent circumstances that permit a warrantless entry. I

Question 21

plain view trigger words

Answer 21

immediately

Question 22

home search incident to arrest warrant without search warrant

Answer 22

only protective sweeps of adjoining rooms are allowed upon arrest. full house searches are allowed for armed accomplices or if exigent circumstances require search