Search and seizure person 4th amendment / consensual encounter Flashcards
fourth amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
A “search” occurs when
a government officer infringes upon an expectation of privacy that society considers reasonable.
A “seizure” of property occurs
when there is some meaningful interference with an individual’s possessory interest in that property.
A “seizure” of a person occurs:
(1) when a peace officer physically applies force or (2) when a person voluntarily submits to a peace officer’s authority.
The proscription against unreasonable search and seizure in the Fourth Amendment applies only
to the acts of government officers or their agents.
the search or seizure must be
intentional, rather than merely an accident
When challenged, the legality of a search or seizure normally is decided prior to trial, either as part of the
preliminary hearing or at a separate pretrial suppression motion, or both
The defendant must prove that he or she had _____to bring the motion by proving a sufficient privacy interest in the place searched or item seized
“standing”
The prosecution then bears the burden of proving the
justification for a search or seizure
_____must be presented via live testimony subject to cross-examination.
evidence
Based solely on the evidence presented at the suppression hearing, the court makes two separate determinations:
whether the search or seizure was reasonable or unreasonable, if unreasonable, whether the evidence must be excluded at trial
To trigger the exclusionary rule, the police conduct must be ______ _______ so that the exclusion of evidence would meaningfully deter future conduct.
sufficiently deliberate
There are two additional considerations before the exclusionary rule will be invoked
First is whether the evidence was obtained as a direct result or “exploitation” of the illegal police conduct; second is whether the evidence would have been legally discovered anyway
A person detained illegally is not immunized from
prosecution for any crime committed during the illegal detention
Proposition 8
As long as the police do not violate the Fourth, Sixth, or Fourteenth Amendment of the United States Constitution when obtaining evidence, or the constitutionally based procedures set out in Miranda v. Arizona, the evidence is admissible in court
Among the factors to be considered regarding standing are
(1) whether the defendant has a property or possessory interest in the thing seized or the place searched; (2) whether he has the right to exclude others from that place; (3) whether he has exhibited a subjective expectation that it would remain free from governmental invasion; (4) whether he took normal precautions to maintain his privacy; and (5) whether he was legitimately on the premises.
In evaluating a Leon “good faith” claim, the courts will look to whether a
“reasonably well trained officer would have known that the search was illegal” in light of all the circumstances.
Following Herring, the exclusionary rule will not apply when an erroneous search or seizure is
the result of mere “negligence.”
The exclusionary rule also will not apply when officers rely on a ______ ______ statute.
subsequently invalidated
In contrast, evidence will be excluded if officers’ conduct is based on a mistake of law that is
unreasonable.
Exceptions to the illegality of warrantless searches:
(1) consent searches, (2) emergency searches (i.e., warrantless searches permitted because of “exigent circumstances”), and (3) searches conducted incident to an arrest.
A “consensual encounter”
is a contact between an officer and an individual that is strictly voluntary.
____________ is a consensual encounter that takes place at the doorway of a home.
knock and talk
