4th amendment Flashcards
define probable cause
trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is planning to commit a crime
define arrest
when police take an individual into custody for purposes of criminal prosecution or interrogation
define detention
a governmental seizure of a person that is less than a full custodial arrest
automobile stop
reasonable suspicion required to stop/pull over a vehicle; ulterior motive for a stop is ok if police have probable cause of a traffic violation
vehicle searches
police may search passengers and passenger compartment (but not trunk) if officer reasonably believes weapons may be present; can also search entire car if probable cause arises
police checkpoint requirements
must
1) stop cars using a neutral, articulable standard (e.g., every fourth car)
2) serve purposes related to automobiles and their mobility
exceptions to search warrant requirement
1) search incident to arrest
2) plain view search
3) automobile search
4) valid consent to search
5) exigent circumstances
6) stop and frisk
reasonable expectation of privacy
4th Amendment only applies if a person has a reasonable expectation of privacy regarding the thing/place searched and/or items seized; no REOP for inherently public things
requirements for a valid search warrant
1) based on probable cause
2) precise on its face
3) issued by a neutral and detached magistrate
knock and announce requirement
police must knock and announce their purpose, then wait a reasonable time for admittance before entering on their own; not required if reasonable suspicion that announcing presence would be dangerous, futile, or would inhibit the investigation
scope of search
limited to what is reasonably necessary to discover items described in the warrant; can detain people found on the searched premises but can’t search unless specifically named in warrant or valid warrantless search exception exists
