4th Amendment Flashcards by Mitchell Batty

What are examples of lawful reason to be in a dwelling?

Warrant, consent, exigent circumstances

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What are the 3 requirements the government must meet for a permissible plain view seizure of evidence?

LEO must have a lawful right to be there
Evidence must be IMMEDIATELY APPARENT
Lawful right to ACCESS the object

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What are 3 ways to make a valid arrest?

Federal Statutory Authority
Peace Officer Status
Citizen’s Arrest

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What are the different ways you can obtain an Arrest Warrant?

Criminal Complaint
Grand Jury Indictment
Information

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What are the 3 requirements for a lawful arrest?

PC
Arrest Authority
Lawful right of access to the suspect

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What are the common occurrences when it comes to Felony Arrest warrants W/O a search warrant?

In Public
In a SUSPECT’s residence
Third Party residence

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What are the 3 primary purposes of Knock and Announce?

Reduce potential for violence
Prevent needless destruction of property
Individual’s right of privacy in their home

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What are examples of Exigent Circumstances?

Destruction of evidence
Hot Pursuit
Emergency Scene

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What elements do you need for a Hot Pursuit?

PC of FELONY
PC that suspect enter premises
IMMEDIATE and CONTINUOUS Pursuit from Public to Private

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What are the 2 requirements for a Mobile Conveyance?

PC to believe that evidence of a crime is in vehicle

2. Vehicle must be “Readily Mobile”

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Which Supreme Court case started the Mobile Conveyance?

Carroll v. US (1925) established the “Carroll Doctrine”

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What is the 4 part test to determine imminent destruction of evidence, justifying a warrantless entry?

Evidence of PC
Only for Serious Crimes where destruction of evidence is likely
Scope at minimum intrusion
Supported by clearly defined indicators of exigency, not manipulated or abused by police

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What are the 3 distinct reasons for SIA outlined in Chimel v. CA?

Discover Weapons
Prevent the destruction or concealment of evidence
Means of escape

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When can an officer make a lawful entry into a person’s home to make an arrest?

Warrant
Consent
Exigent Circumstances

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When can an officer make a misdemeanor arrest?

When the offense has been committed in the officer’s presence; otherwise get an arrest warrant

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What is the difference in level of PC when making an arrest with or without an arrest warrant?

Nothing, they are the same

What is Title 18 USC 3109?

Knock and Announce Statute

What are the 3 steps in a “Knock and Announce” statute?

Knock and Announce who you are
Why you are there
What you want

What is a protective sweep?

Quick and limited search of premises incident to an arrest

What ares can be searched during a protective sweep?

Those areas where an individual might be found

What are the 2 kinds of protective sweeps?

Automatic - after arrest, may look in areas immediately adjoining the place of arrest (Plain view applies)
Extended - must be able to articulate that areas outside “automatic” harbors an individual posing a danger

What are the 3 rationales for a SIA?

Discover weapons
Prevent destruction or concealment of evidence
Means of escape

What are the 3 requirements for a SIA?

Lawful (PC of a crime and arrest)
“Substantially Contemporaneous” to an arrest
Area to be searched must be currently accessible by the suspect

What is in the scope of SIA?

Person (body)
Area within suspects “immediate control”
Vehicles (Custodial Arrest)

What are the 2 situations when a passenger compartment of a vehicle can be SIA?

1. Suspect is close to the vehicle and could readily access the passenger compartment 2. When LEO has reason to believe the passenger compartment has evidence of the crime

Who can request a Federal Search Warrant?

- FLEO | - Attorney for the government

When can a federal judge issue a FSW outside their jurisdiction?

When the person/property were inside the district at the time of the issuance of the warrant, but has since moved away

What is the scope of a magistrate judge issuing a FSW during a terrorism investigation?

As long as the judge presides in any of the districts the terrorist activities have occurred

What must every search warrant describe particularly?

- Place to be searched | - Person or things to be seized

What are examples of the "nexus" requirement?

- Direct observations by LEO - Nature of crime - Nature of items sought - Opportunity for concealment - Normal inferences as to where items are hidden

What types of items can be seized in a warrant?

1. Evidence of a crime 2. Contraband/Fruits of a Crime 3. Property designed for use in a crime 4. Person to be arrested

What is the purpose of a Telephonic Search Warrant (Rule 41)?

To encourage FLEOs to seek search warrants in situations when they might otherwise conduct warrantless searches

When can a FSW be executed?

- During "daytime" hours (0600-2200) | - Nighttime execution by specific request

What 2 periods of time can a SW be executed?

- Specified time on the warrant | - If no time, no longer than 14 days from issuance

What are the 3 distinct justifications for detaining occupants of a premises during the execution of a FSW? (Summers Doctrine)

1. A legitimate LE interest preventing flight in the event illegally possessed items found 2. Societal interests in minimizing the risk of harm to officers serving SW 3. Occupants of the premises may assist in orderly completion of search