Search & Seizure Flashcards
Exclusionary rule’s application to quasi-criminal proceedings
Grand jury can question witness based on illegally-obtained evidence, exception to exclusionary rule in cases whereby officer who conducted search was aware of person’s parole status, evidence admissible in forfeiture proceedings but not in criminal proceedings, exclusionary rule is inapplicable in civil deportation hearing
Exclusionary rule
This rule prohibits the introduction of evidence obtained in violation of 4th, 5th, and/or 6th amendment rights. Illegally obtained evidence is inadmissible at trial but can be used for impeachment purposes. Limitations: not applicable to grand juries, civil proceedings, internal agency rules, and parole revocation proceedings / good faith reliance on law, defective search warrant, or clerical error / impeachment purposes / Miranda violations
Exclusionary rule applies to government conduct only
Evidence obtained by private persons is excluded, unless they are acting as instruments or agents of the gvt. Exclusionary rule doesn’t apply if third party seizes object then calls police to conduct separate search with respect to same object.
Good faith exception to exclusionary rule
Evidence admitted even in unreasonable search or seizure due to act in good faith. Exclusionary rule deters police misconduct, protects illegal use of evidence..act in good faith doesn’t deter anything. Facially deficient warrant is plainly invalid. Ct makes mistake, not judge, exclusionary rule doesn’t apply. Compliance vs reliance - can rely on precedent, not bad faith.
Police reliance on error on own records can be good faith
Officers innocent of wrongdoing where warrant was recalled 5 months previously,mistake of another police database, 4th amendment violated but exclusionary rule doesn’t apply because no bad faith. RELIANCE on another police agency database.
Evidence obtained in Mexico used in US prosecution
4th amendment doesn’t apply because it states “the people” which refers to a class of people part of a national community, Mexican citizen not part of these “people”
4th amendment protects reasonable expectation of privacy
Legitimate, reasonable expectation of privacy has 2 prongs: must expect it, society must expect it as reasonable. What a person knowingly exposes to public isn’t a subject of 4th amendment protection.
Trespass theory/doctrine
Constitutes a search if there was trespass
Is a warrant needed to search/seize abandoned property?
No
Possession of property and liberty of person
4th amendment protects interests in possession of property and liberty of person. Can’t deprive person’s possessory interests in their property or their liberty interest. Seizure may take place but no 4th amendment violation if no invasion of individual’s privacy
Areas protected from search & seizure
Business and commercial property, curtilage, inside of car, squeezed bag are covered/4th amendment violation. Not covered: open fields/skies, prison cell, exterior of vehicle including VIN, GPS tracking device of vehicle, dog sniff, beeper, pen registers.
Sensory enhancing equipment
Enhanced human vision/slight enhancement doesn’t reveal intimate details as to raise constitutional concerns, not a 4th amendment search
Warrantless thermal imager ok?
No, could only obtain the info if search done in house, constitutes a search, there doesn’t have to be trespass
Katz test
Whether the individual has an expectation of privacy that society is prepared to recognize as reasonable
Exigent circumstances
Circumstances requiring an extraordinary or immediate response; an exception to the prohibition on warrantless arrest or search when police officers believe probable cause to exist and there is no time for obtaining a warrant.
Knock and announce
Requirement that a police officer must first knock and announce his intention before he enters someone’s home in the execution of a valid warrant.
Probable cause - warrantless arrest based on informant
Warrantless arrest based on info from informant has probable cause if magistrate reasonably infers that the informant gained the info in a reliable way.
Probable cause - search warrant based on informant’s info
2 part test in Spinelli must be met so magistrate can conclude that informant’s info provides p/c for search 1) informant’s reliability 2) informant’s basis of knowledge.
Traditional standard/today’s law: magistrate must have substantial basis for concluding that the search would uncover evidence of wrongdoing. 2 prong test can’t determine reliability of an anonymous person.
Probable cause - falsehoods in search warrant affidavit
Defendant can challenge an affidavit that is facially sufficient. Must show there is a false stmt made knowingly and intentionally, or with reckless disregard for the truth, and that the false stmt is needed to show p/c, to invalidate the affidavit.
Probable cause - disclosure of informant’s identity
Officers don’t have to disclose informant’s identity if trial judge is convinced by evidence that the officers relied in good faith upon credible info supplied by a reliable informant
Probable cause - official channels
Officers called to aid other officers in executing arrest warrants are entitled to assume that the officers requesting aid offered the magistrate the information requisite to support an independent judicial assessment of probable cause. However, where the contrary is true, can’t rely on officers to make arrest - illegal arrest
Plain view doctrine
Authorized seizure of illegal or evidentiary items visible to a police officer whose access to the object has some prior 4th amendment justification and who has probable cause to suspect the item is connected with criminal activity
Probable cause - anticipatory warrants
Anticipatory warrants require magistrate to determine (1) that it is now probable that (2) evidence of a crime or a fugitive will be on the described premises (3) when the warrant is executed. Probability determination for a conditioned anticipatory warrant looks to likelihood that the condition will occur and thus that a proper object of seizure will be on the described premises. To comply with 4th amendment probable cause requirement, 2 prerequisites of probability must be satisfied. (1) if triggering condition occurs there is fair probability that evidence of crime will be found in particular place, and (2) probable cause to believe the triggering condition will occur.
Warrant preference
When practical, police must obtain judicial approval of searches and seizures. Strong preference to do so when practical.
Neutral & detached magistrate
Issuing Magistrate must meet 2 tests - must be neutral and detached, must be capable of determining whether probable cause exists for the requested arrest or search. Clerks are capable of this.
Search warrant; description of place to be searched
Officer must be able to ascertain and identify the place intended with reasonable effort. Common practice is to identify premises in an urban area by street address. Must be objectively understandable and reasonable.
Search warrant; description of things to be seized
Must have particularized description. This prevents (1) general searches (2) seizure of objects on mistaken assumption that they fall within magistrate’s authority (3) issuance of warrant on loose, vague or doubtful bases of facts.
Search warrant; time of execution- day v night
Many jurisdictions allow search warrants to be served only in daytime unless it specifically states nighttime. For night, must have concurrence of 2 magistrates.
Knock-notice
Officer must first knock and announce his presence and authority - measure time by whether they had enough time to get to the door. To justify a no-knock entry, officer must have reasonable suspicion that knocking and announcing would be dangerous or futile or would inhibit effective investigation of the crime by allowing the destruction of evidence.
Detention and search of persons on premises
Need probable cause/articulable basis for suspecting criminal activity to execute warrant. 7/10ths of a mile is the standard - can detain someone inside home or immediately outside (close proximity) but not if they leave or get past 7/10ths of a mile.
Can you handcuff someone while executing warrant?
Yes; reasonable because minimizes risk to officers and person handcuffed, government interests outweigh the intrusion.
Presence of third party okay during execution of warrant?
Yes, as long as they aid in me execution of the warrant, such as identifying stolen property. Media not ok.
Securing premises while warrant obtained
Ok to do so as long as officers have probable cause, good faith that there is criminal activity.
Protective sweep of adjacent areas/structures for officer safety
Ok as long as there is probable cause. Evidence found ok if in plain view.
Does a search warrant impact 5th amendment rights?
As long as the individual testifies voluntarily, no
Search warrant valid if for innocent 3rd party?
No. 4th amendment forbids issuance of warrant to search for items of one not suspected of crime, even if that evidence helps investigation.
What is needed to make a warrantless arrest?
Probable cause
Ok to arrest all occupants if drugs found in vehicle?
There must be evidence of criminality to have probable cause for constructive possession of drugs to arrest all occupants in vehicle.
Warrantless arrest for minor offense ok?
At common law need (1) offense occurred in officer’s presence (2) offense constitutes a breach of the peace. However, today 4th amendment doesn’t require breach of peace. Also, if there is probable cause to believe person committed minor crime, ok to arrest.
Ok to use deadly force to effectuate arrest?
Yes; officer must keep in mind the severity if the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight. Also, officers’ actions must be objectively REASONABLE in light of the facts and circumstances confronting them.
Reasonable TAT to take arrested person before magistrate?
Must be prompt i.e. within 48 hours of arrest
What is the permissible scope of a search incident to an arrest?
Ok to do search to disarm arrestee, prevent danger to officer, preserve evidence. Probable cause needed - ok to search their person or area in their immediate control. Rational for search of their person or area in their immediate control incident to arrest is to look for weapons or evidence of a crime
Ok to monitor movements of arrested person?
Yes - as long as it is voluntary movements of the arrested person and judgment of officer dictates it is necessary.
Ok to do inventory search of bag contents of arrested person or possessions of person at time of detention?
Yes - ok as long as the search serves legitimate governmental interests which outweigh the individual’s 4th amendment interests
Ok to draw blood for blood alcohol level without warrant?
Yes - blood alcohol level decreases in time, warrants take too long
Ok to conduct surgical intrusion without warrant?
Case by case basis - must weigh individual’s privacy and security interests against society’s interests in conducting the procedure
Jail strip searches ok?
Yes as long as they are reasonable and not intrusive/invasive. Left to discretion of officers.
What is needed to arrest?
Probable cause. Rationale is to prevent threat to officer safety and to discover and preserve evidence. Can do search before arrest if there is probable cause.
What is a seizure?
Application of physical force by a law enforcement officer or the submission to the assertion of authority. Anytime an officer accosts an individual and restrains his freedom to walk away, he has seized that person. Seizure AKA detention
What is a search within the meaning of the 4th amendment?
Legitimate reasonable expectation of privacy OR physical trespass.
What is needed to do a seizure/detention and what gives the right to frisk a detainee?
Must have particularized reasonable suspicion that criminal activity is afoot or that D is armed and dangerous. Nature of crime committed is what supplies the particularized suspicion
Totality of circumstances
Must take into account the whole picture, whole picture must provide officers a particularized suspicion and objective basis for suspecting the particular person of criminal activity before conducting a stop. 2 elements: assessment must be based on all circumstances AND the process must raise a suspicion that the particular individual being stopped is engaged in wrongdoing.
