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Criminal Procedure (MBE) > Seizures and Arrests > Flashcards

Seizures and Arrests Flashcards

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1
Q

Constitutional protections apply only to ________ action.

A

government

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2
Q

True or False: Individuals cannot violate the 4th, 5th, or 6th Amendment (unless they are an agent of the government).

A

True!

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3
Q

What are two exceptions to the rule that constitutional protections of the 4th-6th Amendments only apply to government action?

A

(1) Private persons acting as government agents

(2) Defense counsel with respect to effective assistance of counsel

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4
Q

Police can approach anyone in public without any constraint unless and until that turns into a _______.

A

Seizure

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5
Q

True or False:

Police have no real constraint on what they do or discover while in public unless their conduct amounts to a seizure.

A

True!

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6
Q

What is a seizure?

A

When an officer uses physical force or a show of authority to intentionally terminate or restrain someone’s freedom of movement.

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7
Q

What are some examples of physical force that qualifies for a seizure?

A

Tackling someone, punching someone, hitting someone with your car with the intent to stop them.

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8
Q

A police officer in a high-speed chase with a suspect hits a bystander. Have the police engaged in an unlawful seizure of the bystander?

A

No! Must apply intentional force to restrain/terminate freedom of movement.

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9
Q

How do we determine whether an officer conducts a seizure?

A

When a reasonable person does not feel free to disregatd the officer’s order.

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10
Q

What is a stop and frisk?

A

A stop and frisk - also called a Terry Stop - is where an officer stops an individual about whom he has a reasonable suspicion based on an articulable fact that the suspect is about to (or already is) engaged in criminality.

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11
Q

An officer only needs ____ to perform a stop and frisk (Terry Stop)?

What’s the criminal standard?

A

reasonable suspicion

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12
Q

True/False:

An officer’s reasonable suspicion can be based on a mistake of law or fact as long as the suspicion was reasonable.

A

True!

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13
Q

What three things can an officer do/not do during a stop and frisk?

A

(1) Pat down the suspect for weapons (for their own safety)

(2) Cannot frisk for evidence

(3) Can seize obviously shaped contraband

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14
Q

Thinking of the consequences of a stop and frisk, what happens if an officer’s suspicion is confirmed during the stop and frisk?

A

During a stop and frisk, an officer’s suspicions can be confirmed and develop into probable cause for an arrest.

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15
Q

An officer’s initial reasonable suspicion can be ____ during a stop and frisk based on either what the officer ____ or the suspect ______.

A

confirmed

finds

says

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16
Q

For a Terry Stop, what is the result if an officer’s initial stop was unlawful but evidence was found?

A

If the initial stop was unlawful but the basis for a lawful arrest develops during the stop and frisk, the evidence may be used at trial.

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17
Q

Will evidence be excluded if the initial stop is unlawful and no basis develops for lawful arrest?

A

Yes! The officer cannot use anything seized if there was no basis for the Terry stop and none develops for lawful arrest.

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18
Q

What does an officer need to conduct a traffic stop of a car?

A

To stop a car, an officer must have reasonable suspicion to believe the driver is engaged in some violation of the law.

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19
Q

When an officer conducts a traffic stop (following their reasonable suspicion), what are they allowed to do/search for?

A

May pat down the occupant for weapons if they have a reasonable suspicion the occupant is armed.

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20
Q

True/False: Officers need reasonable suspicion to stop cars at a checkpoint.

A

False - as long as no discretion is being used, officers can stop anybody without reasonble suspicion at a designated checkpoint.

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21
Q

What is the 4th Amendment?

A

Right of the people to be secure in their persons, houses, papers and effects against unreasonble searches and seizures.

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22
Q

True/False: Fourth Amendment rights are personal and cannot be asserted on someone else’s behalf.

A

True - no vicarious assertion.

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23
Q

Al and Bob are accused of burglarizing an electronics store. Police find stolen DVD players in Al’s apartment after an illegal warrantless search. Who can raise a Fourth Amendment claim?

A

Only Al has standing to raise the issue of a Fourth Amendment violation. Bob’s rights not violated.

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24
Q

When an officer does not show an unambiguous intent to restrain an individual freedom of movement, a seizure occurs only if ___________________.

A

a reasonable innocent person would believe he was not free to leave, decline officer’s request, or terminate encounter.

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25
Q

A police officer must intentionally employ ________ or ________ for the officer’s actions to result in a seizure.

A

physical force

show of authority

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26
Q

During a high speed car chase, an officer forces a driver of the pursused vehicle off the road by bumping into his car. Is this a seizure?

A

Yes! Officer’s use of intentional force constitutes a seizure.

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27
Q

During a high-speed chase, an officer accidentally hits and kills the passenger of the motorcycle being pursued when the motorcycle tips over. Is this a seizure?

A

No! The officer’s accidental use of deadly force against the passenger did not constitute a seizure.

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28
Q

Only the driver of a car pulled over unlawfully by the police can claim the right against unreasonable seizure was violated. True or False?

A

False - passengers as well may challenge the constitutionality of the stop because they also are seized.

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29
Q

What is the definition of a ‘stop’? Are stops also seizures?

A

A temporary detention for the purpose of a criminal investigation. Yes, a stop is a seizure for the Fourth Amendment.

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30
Q

What standard must the officer have before making an arrest?

A

Arrest requires probable cause to believe the arrested individual committed a crime.

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31
Q

True/False:

The standard for arrest is the same as that for stop and frisk.

A

False!

Arrest = probable cause

Stop and frisk = reasonable suspicion + articulable fact

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32
Q

Arrest based on probable cause is a ________ (objective/subjective) standard.

A

Objective

It’s whether a reasonable officer had probable cause.

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33
Q

What are the two types of arrest?

A

Arrests with a warrant and those without a warrant

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34
Q

What is a pre-text arrest? Are they allowed?

A

A pretextual arrest/stop are stops initiated by law enforcement for a minor traffic violation, with the actual purpose of investigating or searching for evidence of another, unrelated crime.

Allows the police to pull someone over for a minor violation of law (such as not using your turn signal) but then using that traffic stop to investigate more serious crimes.

Pretext arrests are allowed under the 4th Amendment. An officer can pull someone over if they believe some crime has been committed - allowed to use that as the pretext.

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35
Q

What is the backstop to a potentially unlimited use of pretextual arrests and stops?

A

Equal Protection

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36
Q

What is an arrest warrant?

A

An arrest warrant authorizes an officer to arrest a particular person. It must:

(1) Be issued by a neutral and detached magistrate

(2) Be based on probable cause that named individual(s) have committed a crime

(3) Name the person and identify the offense with specifcity

37
Q

An arrest warrant that fails to satisfy the probable cause requirement will always be illegal.

A

False! An arrest warrant that fails to satisfy the probable cause requirment is not illegal if the officer making the arrest independely had probable cause for the arrest.

38
Q

If you see a fact pattern with an arrest based on a warrant, what question should we ask ourselves?

A

Was the warrant based on probable cause?

39
Q

Once issued, an arrest warrant allowes the police to enter __________.

A

The named suspect’s home to serve the warrant if they have reasonable to believe the named suspect is present.

40
Q

What is the rule for entering a third-party’s home to serve an arrest warrant?

A

Police need either valid consenet or exigent circumstances to search for the subject of an arrest warrant.

41
Q

What do the police need to get to look for a suspect named in an arrest warrant in a third-party’s property?

A

Search warrant

42
Q

If a suspect named in an arrest warrant is hiding in someone else’s home and the owner lets the police, is the arrest valid even if there’s no search warrant?

A

Yes! Absence of a search warrant doesn’t affect validity of arrest. Suspect doesn’t have a right to privacy in a third-party’s home.

43
Q

True/False:

Arrests must always be conducted with a valid warrant.

A

False! Warrantless arrests are allowed in limited circumstances.

44
Q

An individual named in an arrest warrant is spotted by police while in public. The police attempt to arrest him, but he runs, fleeing inside his own home. Can we prevent a valid arrest by doing this?

A

No! This was the issue in Santana.

45
Q

Unlike searches, police generally do not need a warrant to make a valid arrest in a ___________.

A

public place

46
Q

Arrests without a warrant are permitted in someone’s home only if:

Two things

A

(1) There are exigent circumsances (e.g. felony hot pursuit)

(2) Consent to enter is given

47
Q

A crime is committed in the presence of the arresting party… what’s the rule?

Two elements

A

Either a police officer or private individual can arrest without a warrant if a crime (either felony or misdemeanor) was committed in the arresting party’s presence.

48
Q

A crime is committed outside the presence of the arresting party… what’s the rule? What standard does the arresting party have to show?

A

If a crime is not committed in the arresting party’s presence, they can only make a warrantless arrest for a felony. Must have probable cause to believe the individual committed the felony.

49
Q

A warrantless arrest of a person for a non-custodial misdemeanor is not an unreasonable seizure under the Fourth Amendment. True or False?

A

This is true!

50
Q

Can an officer (without a warrant) arrest someone for a misdemeanor not committed in their presence?

Does this position change if there is probable cause?

A

No! The misdemeanor must have been committed in the presence of the arresting party.

Probable cause to beleive the misdemeanor wascommitted is also not sufficient if there is no warrant.

51
Q

True or False:

If an arrest is made without probable cause such that it’s unlawful, the individual cannot be prosecuted in the future.

A

False! Invalid arrests may result in exclusion of evidence but do not altogether bar future prosecution.

52
Q

An unlawful arrest alone has ____ (bearing/no bearing) on a subsequent criminal prosecution, and it is ____ (a defense/not a defense) to the crime charge.

A

An unlawful arrest alone has no bearing on a subsequent criminal prosecution, and it is not a defense to the crime charged.

53
Q

What is the legal significance of an unlawful arrest if evidence is uncovered during the arrest?

A

Evidence seized during an unlawful arrest may be suppressed at trial.

54
Q

A suspect makes a voluntary confession after they were unlawfully arrested. Can their confession be admitted?

A

Yes! It will not automatically be supressed but the unlawfulness of the arrest may factor into a determination of how ‘voluntary’ the confession truly was.

55
Q

What is the primary remedy for an unreasonable search or seizure?

A

The primary remedy is the exclusionary rule, which prevents the introduction at a criminal trial of evidence unlawfully seized/discovered.

56
Q

True or False:

A state may grant broader rights under its own constitution than are granted by the US Constitution.

A

True!

57
Q

What is the major case on stop and frisk?

A

Terry v Ohio

58
Q

A suspect is fleeing the police. The police shoot the suspect, but the suspect gets up and continues to flee (i.e. the suspect has not submitted to the officer’s use of physical force). Can we still say there is a seizure?

A

Yes! The requirement taht there be application of physical force to another person does not requires the submission or subduing of that person.

59
Q

The police have plenty of time to get an arrest warrant, but they don’t. The police later arrest you in a public place. Does the fact that they could have gotten a warrant matter?

A

Nope!

60
Q
A
61
Q

True or False:

Searches by priviate citizens are not protected by the Fourth Amendment.

A

True! Searches conducted by private citizens are not protected - there must be governmental action!

62
Q

The police ask your neighbor to search your home while you are on vacation. Your neighbor finds evidence you committed a crime. Is this constitutional?

A

No! The police may not enlist private parties to circumvent the Fourth Amendment protection.

63
Q

What is a search incident to arrest?

A

A lawful arrest permits the officer to make a contemporaneous search of the person who is arrested and a search of the immediate surrounding areas.

64
Q

What are the two goals for conducting a search incident to arrest?

A

(1) Protect officer safety

(2) Prevent the destruction or concealment of evidence

65
Q

Only ________ searches and seizures are subject to Fourth Amendment protections.

A

unreasonable

66
Q

Who resolves suppression issues raised by a pretrial motion (and why)?

A

The judge, not the jury, since it involves a mixed question of fact and law.

67
Q

True or False:

A subpoena to appear in front of a grand jury falls under the protection against seizures under the Fourth Amendment?

A

False! Unless a grand jury subpoena is being used for harrassment or is overly broad, requiring a person to appear does not violate Fourth Amendment.

68
Q

If the police have an arrest warrant, are they allowed to enter the arrestee’s home?

A

Yes! A warrant implicitly authorizes entry if the police have reason to believe the arrestee is present.

69
Q

The police want to arrest Tom. They go to Mary’s house to find him. They do not have a search warrant, there are no exigent circumstances, and Mary has not consented. The police search Mary’s house anyways. They find evidence against Tom. Can they use the evidence?

A

No! Without a search warrant, the police cannot enter Mary’s home to execute an arrest warrant. Any evidence found against Tom is inadmissible.

70
Q

Tom was unlawfully arrested. Can he use this fact as a defense against future prosecution?

A

No! An unlawful arrest alone has no bearing on a subsequent criminal prosecution and it is not a defense to a crime charged.

71
Q

If the police have probable cause to detain a suspect, can they do so even if they illegally arrested him (e.g. in his home without a warrant)?

A

Yes! An unlawful arrest has no bearing on the authority to arrest him.

72
Q

True or False:

Evidence seizued during an unlawful arrest may be suppressed at trial.

A

This is true!

73
Q

We know that evidence seizued during an unlawful arrest will be suppresed at trial. Is the same true for a voluntary confession made after an unlawful arrest?

A

No! A voluntary confession made after an unlawful arrest is not automatically suppresed

74
Q

When does an unreasonable search occur?

Two alternatives

A

An unreasonable search occurs when the government:

(i) invades a place protected by a resonable expectation of privacy

or

(ii) physically intrudes upon a constitutional protected area for the purpose of gathering information

75
Q

The police use a drug-sniffing dog on a homeowner’s porch for the purpose of investigation teh contents of the home. Is this a ‘search’ under the Fourth Amendment?

A

Yes! It invades privacy and is a physical intrusion.

76
Q

The police place a hidden GPS device on the defendant’s vehicle for the purpose of monitoring the vehicle’s movements. Is this a search?

A

Yes!

77
Q

The police use binoculars to spy on a man sitting in a public park. Is this a search?

A

No! The man has no expectation of privacy in a public space.

78
Q

True or False: The government’s action is valid (and will not be deemed an unconstitutional search) unless there is a legitimate expectation of privacy or the governemnt trespasses upond the defendant’s private property.

A

True!

79
Q

The Supreme Court has said that the Fourth Amendment protects against unreasonable governmental search of a house. But to whom does this protection extend?

A

Persons who have the right to immediate possession - such as a renter, tenant, owner, etc.

80
Q

What is the ‘curtilage’ of a house and what’s the rule for Fourth Amendment protection? Specifically, what are some of the factors the courts will consider?

A

The ‘curtilage’ is the area immediately surround the home, and it maye be covered by the umbrella of the ‘home’.

In determining if the area is protected, consider:
- The proximity of the area to the home
- Whether the area is included within an enclosure surrounding the home
- The nature of the uses to which the area is put
- The steps taken by the resident to protect the area from observation by strangers

81
Q

What is the rule for open fields and reasonable expectations of privacy?

A

Open fields lay outside the curtilage and are not protected by the Fourth Amendment. The owner does not have a reasonable expectation of privacy.

82
Q

A farmer has an open field but it is protected from public view, fenced in, and has a ‘no trespassing’ sign post. The farmer is therefore entitlted to a Fourth Amendment protection due to his objectively reasonable expectation of privacy.

Is this true or false?

A

False!

83
Q

True or false:

Overnight guests in someone’s home do not have a reasonable exepctation of privacy because of the short duration of their stay.

A

False! The guest does have a reasonable expectation of privacy over areas where they have permission to enter.

84
Q

You rent a motel for a night. The police want to search the room, so they ask the motel clerk for their consent. The police then search your room. Is the motel clerk’s consent sufficient to justify the search?

A

No! This may still be an unreasonable search.

85
Q

Business premises (are / are not) protected by the Fourth Amendment.

A

are

86
Q

Business premises may be subject to ____ searches.

A

administrative

87
Q

Does a prison inmate have a reasonable expectation of privacy in his cell?

What about a pre-trial detainee?

A

Prison inmanets do not - this limitation on the Fourth Amendment is justified by the need to maintain security.

Pre-trial detainees have a limited expectation of privacy, but may be subject to routine searches.

88
Q

A defendant hides drugs in a friend’s purse to avoid their detection by police. Does the defendant have a legitimate expectation of privacy in the purse?

A

Nope!

89
Q
A

Criminal Procedure (MBE) (1 decks)

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