Substance of 4th Amendment Flashcards
Probable Cause
Exists where the facts and circumstances within officer’s knowledge and of which they have reasonably trustworthy info are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been committed or is being committed by the person to be arrested.
Spinelli & Aguilar
This test was replaced by the totality of circumstances test from Gates. In order for search warrant based on informant’s tip to be valid, informant must declare that 1) He saw or perceived facts asserted (knowledge) 2) There is a good reason for believing it (veracity)
Illinois v. Gates
D’s were indicted for violation of state drug laws after police officers, executing a search warrant, discovered marijuana and other contraband in their automobile and home. So long as a substantial basis exists for concluding that a search would uncover evidence of wrongdoing, a warrant is valid under the 4th amendment. Totality of the circumstances test to determine whether probable cause has been met…balance competing interests. Was info credible? Did informant obtain this info in a reliable manner? Need to look at source of info, batting average of informant, have they been useful before, how useful, direct evidence or hearsay
Peyton v. NY
D challenged constitutionality of NY’s statute that authorizes police officers to enter private residence without a warrant and with force, if necessary, to make a routine felony arrest. An arrest warrant is required to arrest a person in his home unless there are exigent circumstances that justify not securing an arrest warrant…may arrest outside of home without warrant. Exigent circumstances justify warrantless intrusion.
Search Warrants
Warrants must meet constitutional specifications (must meet test of probable cause). Must be based on probable cause and supported by oath or affirmation
Lo-Ji Sales v. NY
D was accused of violating state obscenity laws and argued that a warrant must describe with specificity each item to be seized during execution of warrant. A warrant must particularly describe things to be seized, and items not specifically listed on search warrant may not be seized. Magistrate who issues warrant must be a detached and neutral officer of the court and should not accompany officers on raid.
Knock and Announce Rule
Officers must announce presence upon execution of search warrant to permit resident(s) of home to get themselves together…15-20 seconds is sufficient before entering without answer. To dispense with rule, police must show reasonable suspicion that it would be dangerous or futile or would result in destruction of evidence
Kentucky v. King
Warrantless entry by police is considered reasonable when based on exigent circumstances, when police did not create exigent circumstances, by either engaging in or threatening to engage in conduct that violates 4th amendment
SILAs
Searches Incident to a Lawful Arrest. Twin Motives: officer safety & fear of destruction of evidence. Search is automatic- entitled to search D’s person and area within immediate control by way of entitlement stemming from right to search D.
Chimel v. CA
D was charged with 2 counts of burglary. He argued that items taken from his home and admitted into evidence had been unconstitutionally seized. Pursuant to a lawful arrest, police may conduct a search of any area within the immediate reach of the accused felon…felon’s lunging/grabbing area or wingspan that may conceal evidence or a weapon
Car Searches
Lesser expectation of privacy based on characterization- inherently movable at flick of a switch. Do not need search warrant when probable cause attaches to a vehicle.
NY v. Belton
A lawful custodial arrest creates a situation that justifies a contemporaneous search without a warrant of person arrested and of immediately surrounding area–not overruled, but limited by Gant
Arizona v. Gant
Police officers searched passenger compartment of arrestee’s vehicle after arrestee had been handcuffed in back of locked squad car for traffic violations, and arrestee objected to intro of drug-related evidence found during search based on 4th amendment. Police may search a vehicle incident to a recent occupant’s arrest only if arrestee is unsecured at particular time and within reaching distance of passenger compartment OR if it is reasonable to believe vehicle contains evidence of crime of arrest inside.
Wren v. US
Vehicle stopped in suspicious manner in high crime area. Officer pulled up next to vehicle and vehicle turned without signaling and sped off. D charged with violating various federal drug laws. Pre-textual stops are ok so long as there is probable cause to support traffic violation in first place.
Chambers v. Maroney
D charged with armed robbery. Articles taken from vehicle during search at a police station admitted in evidence. If government agents have probable cause to believe an automobile contains articles they may be entitled to seize, may search vehicle pursuant to a lawful arrest, without a warrant, or impound vehicle into police custody to be searched at a later time. Search must be done immediately without a warrant, if done at a later time, must get a warrant.
