Arrests, Search, and Seizure (4th Amendment)

Question 1

What does the 4th Amendment protect a person against?

Answer 1

The 4th Amendment grants a person protection from unlawful government searches and seizures

Question 2

What happens when a private person conducts a search or seizure?

Answer 2

Searches and seizures by private individuals not protected by the 4th Amendment

Question 3

What is a search?

Answer 3

A search occurs when the government invades a person’s reasonable expectation of privacy

Question 4

What is a seizure?

Answer 4

A seizure occurs when the government exercises dominion and control over an item possessed or owned by a person

Question 5

What is needed for a reasonable search or seizure?

Answer 5

A reasonable search or seizure require probable cause and a warrant (or exception to the warrant requirement)

Question 6

What makes a search or seizure unreasonable?

Answer 6

Unreasonable search or seizure one that takes place without probable cause or without a warrant or exception to the
warrant requirement

Question 7

When does an officer have probable cause to search or to seize an item?

Answer 7

There is PC when the officer has trustworthy/reliable information that it is likely that evidence of illegality will be
found at a particular location (search) or that the item is contraband (seizure)

Question 8

Why does standing matter?

Answer 8

Standing is required to challenge a search or a seizure

Question 9

When does a person have standing?

Answer 9

1. the person has to have a reasonable expectation of privacy in the place or items to be searched or
2. they have been personally subjected to a search or seizure or
3. the item is owned by the challenger within the owner’s possession, ownership, or
   control

Question 10

Examples of a reasonable expectation of privacy that is invaded?

Answer 10

1. In the privacy of their home, curtilage of the home, hotel room, luggage, and office
2. items owned or possessed by the individual
3. overnight guest spaces
4. to yourself and your body

Question 11

What is the definition of “house” for the 4th Amendment?

Answer 11

The definition of “house” is a broad definition that includes offices, stores, and other commercial buildings

Question 12

What is curtilage?

Answer 12

Curtilage is the area surrounding the home, porch, deck, and backyard

Question 13

A person has a reasonable expectation of privacy in her papers, what are “papers”?

Answer 13

“papers” include letters, diaries, pictures, and business records

Question 14

A person has a reasonable expectation of privacy in his effects, what are “effects”?

Answer 14

“Effects” include automobiles, luggage, other containers, clothing, and weapons

Question 15

When does a person not have a reasonable expectation of privacy?

Answer 15

(1) public streets, (2) paint scrapings taken from a car, (3) bank
account records, (4) open fields (even if the open field is private property), (5) abandoned property, (6) anything visible from public airspace, (7) anything that can be seen inside one’s home from public space, (8) anything that can be seen in or across areas
outside of one’s home, (9) anything seen from outside the home , (10) in statements and actions in public places, (11) garbage that is left out on the curb, (12) the sound of one’s voice, (13) odors coming from private property, (14) handwriting, or (15) someone
else’s property, house, or car

Question 16

Which factors will the court consider when determining if an area outside the home is an open field?

Answer 16

(1) the proximity of the area to the house, (2) whether the area is enclosed by a structure, such as a fence or wall, (3) the nature of the use of the structure or area, and (4) the steps taken to protect privacy in the area

Question 17

How does sensory enhancing technology impact a person’s reasonable expectation of privacy?

Answer 17

Sensory enhancing technology violates a person’s reasonable expectation of privacy, but technology readily available to the public may be permitted

Question 18

What are examples of sensory enhancing technology that violate a person’s reasonable expectation of privacy?

Answer 18

high-tech items like heat/thermal imagers and electronic eavesdropping examples of sensory enhancing technology

Question 19

When are examples of technology readily available to the public that generally do not violate a person’s reasonable expectation of privacy?

Answer 19

Flashlights, binoculars, telescopes, or listening through walls with your ears (all readily available to the public) and so they generally do not violate a person’s reasonable expectation of privacy

Question 20

When is dog sniffing permitted?

Answer 20

Dogs allowed to sniff luggage at airports and to sniff cars during a legitimate traffic stop

Question 21

What are some limitations on dog sniffing?

Answer 21

1. not allowed to lengthen the stop beyond the time reasonably required to complete the stop’s purpose, unless there is reasonable suspicion of a violation other than a traffic infraction?
2. not allowed to use dogs to sniff a person’s home without a warrant or a warrantless search exception because a person has a reasonable expectation of privacy in their home
3. sniffing at a person’s home cannot itself provide the probable cause?

Question 22

When does a business have a reduced expectation of privacy?

Answer 22

If it is a heavily regulated industry there is reduced privacy interests, warrantless inspections may be reasonable; gov’t has stronger interest in regulating

Question 23

What is a closely regulated industry?

Answer 23

A closely regulated industry is one that has a long tradition of close government supervision; ex: liquor industry, automobile industry, firearm stores, mine operations, and junkyards examples of some closely regulated industries

Question 24

When is a warrantless inspection of a closely regulated industry reasonable?

Answer 24

if (1) substantial gov’t interest in the regulatory
scheme pursuant to the inspection, (2) inspection is necessary to further the regulatory scheme, and (3) the statute’s inspection
program provides an adequate substitute for a warrant

Question 25

When does seizure of a person occur?

Answer 25

A seizure of a person occurs when a reasonable person would have believed he was not free to leave; ex: being under arrest

Question 26

What is an arrest?

Answer 26

A seizure under the 4th Amendment include arrests

Question 27

What is needed for an arrest to be proper (i.e., reasonable)?

Answer 27

For an arrest to be proper, the police must have PC sufficient for a reasonable person to believe that the person to be
arrested committed a crime

Question 28

What is probable cause for an arrest?

Answer 28

reliable/trustworthy facts or knowledge that would cause a reasonable person to believe that the person committed a crime;

a reasonable belief that the person violated the law based on the totality of the circumstances.

Question 29

How can an officer gain trustworthy facts or knowledge that the person committed a crime?

Answer 29

an officer can get trustworthy facts or knowledge by personal observation, police investigation, or from a trustworthy/reliable
source

Question 30

Does an officer always need first-hand knowledge for an arrest?

Answer 30

If an officer has a reliable informant’s tip, is it true that he does not need first-hand knowledge

Question 31

What happens if the officer has an anonymous tip that has yet to be corroborated?

Answer 31

the officer must corroborate the tip through independent
investigation or police observation because an anonymous tip is not trustworthy/reliable standing alone

Question 32

When is an arrest warrant not needed?

Answer 32

If the officer has probable cause to believe a person has committed even a very minor offense in his presence

Question 33

When is an arrest warrant required?

Answer 33

An arrest in someone’s home or on private property require a warrant

Question 34

What is the warrant requirement if the arrest takes place in a public place?

Answer 34

If an arrest occurs in a public space, is probable cause all that is required – meaning no warrant is required

Question 35

What is the exception that will allow a warrantless arrest in someone’s home?

Answer 35

To conduct a warrantless arrest in someone’s home, must there be exigent circumstances

Question 36

When is a request for information allowed?

Answer 36

a request for information is allowed anytime except on “whim or caprice

Question 37

What does “whim or caprice” mean?

Answer 37

-The officer must have an articulable reason for requesting information
- an officer must have an objective, credible reason, for requesting information and that reason does not necessarily have to be
indicative of criminality
- a whim or caprice in not sufficient for a request for information
- an officer cannot request information just because the officer feels like it

Question 38

If a person refuses to respond to an officer’s request for information, why does this not give the officer probable
cause to arrest?

Answer 38

When a person refuses to provide information, does this not give an officer probable cause to arrest because a person can refuse
to answer a request for information

Question 39

What is required for a valid stop and inquire?

Answer 39

(1) a reasonable, articulable suspicion (2) that criminal activity is afoot;

Allows the police to stop a person and ask them questions; Also called a Terry stop

Question 40

For how long can the police stop and question a person in a valid stop and inquire?

Answer 40

a “brief detention” the length for a stop and inquire; after that the suspect must be released

Question 41

When do the police not have to release the suspect following a Terry stop and inquire?

Answer 41

When the police found probable cause for an arrest during the Terry stop

Question 42

What is required for a valid stop and frisk?

Answer 42

(1) a reasonable, articulable suspicion, (2) that criminal activity is afoot, and (3) that the
person may be dangerous or has a weapon

Question 43

What is the difference between a stop and inquire and a stop and frisk?

Answer 43

A stop and frisk different from a stop and inquire because the police are allowed to pat down the suspect’s body to determine if
the suspect is carrying a weapon

Question 44

What is the plain feel doctrine with respect to stop and frisk?

Answer 44

Under the plain feel doctrine, police only seize items reasonably believed to be contraband or a weapon during a stop and
frisk

Question 45

What is a reasonable articulable suspicion?

Answer 45

• To form reasonable articulable suspicion, an ordinarily prudent and cautious person would believe criminal activity is at hand
• Courts use a sliding scale based on the particular factual circumstances to determine whether reasonable suspicion was
  present
• A reasonable suspicion is determined based on a totality of the circumstances

Question 46

When is a warrant required?

Answer 46

• a warrant required is for all searches and seizures unless an exception applies?

Question 47

What is required in a valid warrant?

Answer 47

• requires (1) probable cause, (2) it must state with particularity the place and items to be searched or seized
  or the person to be arrested, and (3) be issued by a neutral and detached magistrate

Question 48

What does the court do with evidence that is obtained without a warrant or an exception to the warrant
requirement?

Answer 48

• if obtained without a valid warrant then generally excluded (i.e., suppressed) unless it falls under an exception?