Searches and Seizures Flashcards
4th Amendment
Protects against unreasonable searches and seizures
“Seizure” of a person
When a reasonable person would not feel free to leave the encounter under totality of the circumstances. Usually some sort of force is necessary.
Arrest
Type of seizure needing probable cause.
Home: need warrant for home arrest
Public: do not need warrant
Terry Stop (Investigatory Search )
Type of seizure needing reasonable suspension by totality of circumstances.
Must be reasonable, can’t be too long, must be based on reliable informant
Automobile Stops
Type of seizure where need reasonable suspicion.
Roadblocks
Type of seizure but Ok as long as neutral, consistent standard, and related to specific problem
Seizure of Property
See if reasonable expectation of privacy given the totality of the circumstances
Warrant Searches
Generally need a warrant for all searches.
Warrant must be based on Probable Cause, Particular, and issued by a Neutral Magistrate.
When must cops knock and announce?
For any warrant unless would hinder investigation or be dangerous.
Warrantless Searches
Generally violate the 4th Amendment unless an exception applies
Warrant Requirement Exceptions
- Incident to Lawful Arrest
- Plain View
- Stop and Frisk
- Emergency Aid
- Hot Pursuit
- Evanescence Evidence
- Automobile
- Consent
- Drug Tests
- Boarder
- Inventory Searches
Search incident to lawful arrest
Must be contemporaneous
Automobile Exception
Must have probable cause that car has contraband or evidence of crime arrested for OR arrestee not secure.
Plain View Exception
Must be legally on premises in 1st place/in plain sight and immediately recognizable as a evidence of a crime
Consent Exception
Anyone police reasonably believe has the ability to consent
Stop and Frisk Exception
Applies during valid Terry stop, need reasonable belief that person is armed and dangerous
Hot Pursuit Exception
When chasing a fleeing felon
Emergency Aid Exception
Search justified by threats to health or safety
Inventory Search Exception
Ok as long as part of police procedure
Public School Searches by School Officials
Needs to be reasonable with a moderate chance of finding evidence
Evanescent Evidence Exception
Evidence that is likely to disappear before warrant can be obtained (eg. Evidence under fingernails)
Mandatory Drug Testing Exception
Ok when serves a special need beyond law enforcement
Boarder Exception
Searches of automobiles at boarder do not require a warrant, reasonable suspicion, or even probable cause. Officials may question occupants and even disassemble vehicles.
Are traffic stops considered custodial for Miranda purposes?
No. Not in custody at traffic stop (or meeting with parole office)
Can a person have a reasonable expectation of privacy in a public place?
Yes. Ex: fitting rooms
