Ch 1: Fourth Amendment: Application to Arrest, Search and Seizure Flashcards
(122 cards)
1
Q
What does the Fourth Amendment protect against?
A
Unreasonable arrests or other seizures as well as unreasonable searches by the government
Applicable to the states through the Fourteenth Amendment.
2
Q
What are the constitutional requirements for a warrant?
A
- Probable cause
- Supported by oath or affirmation
- Describing the place, persons, or things with particularity
3
Q
What is ‘standing’ in the context of the Fourth Amendment?
A
The defendant must have been personally seized or had a reasonable expectation of privacy regarding the place searched or the item seized.
4
Q
What is the primary remedy for violations of Fourth Amendment rights?
A
The exclusionary rule, which prevents the use of unlawfully obtained evidence at trial against the accused.
5
Q
In which situations does the exclusionary rule not apply?
A
- Federal habeas corpus review of state convictions
- Grand jury proceedings
- Preliminary hearings, bail hearings, and sentencing hearings
- Proceedings to revoke parole
- Civil proceedings
6
Q
What is the standard of review for a pretrial motion to suppress evidence?
A
Resolved by the judge; questions of law are reviewed de novo, and factual findings are reviewed for clear error.
7
Q
Does the Fourth Amendment restrict the actions of private parties?
A
No, it limits governmental action only unless the private party is acting as an instrument or agent of the government.
8
Q
What is the definition of ‘seizure’ of a person?
A
- A police officer physically touches a subject with the intent to restrain that person
- The subject submits to the officer’s show of authority
9
Q
What is required for an arrest warrant?
A
- Issued by a detached and neutral magistrate
- Upon a finding of probable cause that a crime has been committed and the person was involved
10
Q
When can police arrest an individual in their own home?
A
Only with a warrant, unless exigent circumstances or valid consent exists.
11
Q
What is the rule regarding warrantless arrests in public places?
A
Police generally do not need a warrant to make a valid arrest in a public place.
12
Q
Under what conditions can a warrantless arrest be made?
A
- If a crime is committed in the presence of the arresting party
- If a felony has been committed outside the presence with probable cause
- Misdemeanor arrests for crimes committed in presence
13
Q
What effect does an unlawful arrest have on subsequent criminal prosecution?
A
It has no bearing on the prosecution; however, evidence seized may be suppressed.
14
Q
What defines an unreasonable search?
A
When the government invades a place protected by a reasonable expectation of privacy or physically intrudes upon a constitutionally protected area.
15
Q
What is a reasonable expectation of privacy?
A
An individual’s expectation of privacy in certain locations or items, such as their own bodies.
16
Q
What is the ‘curtilage’ in relation to Fourth Amendment protections?
A
The area immediately surrounding the home that may be covered by Fourth Amendment protection.
17
Q
What is the ‘open fields’ doctrine?
A
Private property outside the curtilage of a home is not protected by Fourth Amendment rights.
18
Q
Do overnight guests in a home have a reasonable expectation of privacy?
A
Yes, they have a reasonable expectation of privacy in areas of the home they have permission to enter.
19
Q
What is the expectation of privacy for an overnight guest in a home?
A
An overnight guest has a reasonable expectation of privacy in areas of the home to which they have permission to enter.
This expectation does not grant ownership rights but acknowledges privacy in permitted areas.
20
Q
Does short-term use of a home for illegal business give rise to a reasonable expectation of privacy?
A
No, short-term use of a home for illegal business purposes does not grant a reasonable expectation of privacy.
Example: Using a home for bagging cocaine for sale.
21
Q
What is the status of privacy in a motel room?
A
A motel room search may be considered unreasonable if conducted without proper consent; a clerk’s consent is insufficient.
This parallels the protections against unreasonable searches in a home.
22
Q
Are business premises protected by the Fourth Amendment?
A
Yes, business premises are generally protected by the Fourth Amendment but may be subject to administrative searches.
Administrative searches can occur under specific circumstances.
23
Q
What is the expectation of privacy for a prison inmate?
A
A prison inmate has no reasonable expectation of privacy in their cell due to the need for institutional security.
Pretrial detainees may have a limited expectation of privacy.
24
Q
What is the implication of trespass on a search?
A
A governmental agent being on property without permission may make a warrantless search unreasonable, but it does not automatically make the search illegal.
Legality also depends on the context of the search.
25
What does the Fourth Amendment protect regarding 'papers and effects'?
The Fourth Amendment protects 'papers and effects,' ensuring items within luggage are free from exploratory searches.
## Footnote
However, smells from illegal substances do not have the same protection.
26
What happens to the expectation of privacy when items are transferred to a third party?
There is no reasonable expectation of privacy for items transferred to a third party, such as checks given to a bank.
## Footnote
Example: A defendant hiding drugs in a friend's purse has no privacy expectation.
27
What is the expectation of privacy regarding automobiles?
There is a lesser expectation of privacy in automobiles compared to homes, but reasonable suspicion is still required for a stop.
## Footnote
A 911 call reporting erratic driving can provide reasonable suspicion.
28
Can police stop an automobile at a checkpoint without reasonable suspicion?
Yes, if the stop is based on neutral, articulable standards related to automobile issues.
## Footnote
Examples include sobriety checkpoints but not drug checkpoints.
29
What is the status of a vehicle identification number (VIN) regarding privacy?
There is no reasonable expectation of privacy in the VIN affixed to an automobile.
## Footnote
Police may view the VIN without it constituting a search.
30
Is abandoned property protected by the Fourth Amendment?
No, abandoned property is not protected by the Fourth Amendment.
## Footnote
Example: Garbage set curbside has no reasonable expectation of privacy.
31
Are conversations protected by the Fourth Amendment?
Yes, conversations are subject to protection by the Fourth Amendment.
## Footnote
This includes the context of privacy in communications.
32
What is the expectation of privacy in one's physical characteristics?
There is no expectation of privacy in physical characteristics; however, bodily substances are protected under the Fourth Amendment.
## Footnote
Examples include DNA and blood samples.
33
What is the legal status of DNA samples taken during booking procedures?
DNA identification of arrestees is considered a reasonable search during routine booking procedures.
## Footnote
This is similar to fingerprinting.
34
What is required for a blood sample to be drawn under the Fourth Amendment?
Generally, a warrant is required to draw a blood sample, except in unusual situations.
## Footnote
Warrantless breath tests for drunk driving are permitted.
35
What is the status of conversations with government informants?
There is no reasonable expectation of privacy in conversations with government informants or undercover officers.
## Footnote
Consent to monitoring can waive privacy rights.
36
Does a fly-over inspection constitute a search under the Fourth Amendment?
No, inspections from at least 400 feet in the air do not violate reasonable expectations of privacy.
## Footnote
This applies to aerial surveillance.
37
Is attaching a device to a person’s body without consent considered a search?
Yes, it is considered a search for Fourth Amendment purposes.
## Footnote
This includes tracking devices.
38
What does the Fourth Amendment say about technological devices used for searches?
The use of technological devices for searches may require a warrant, especially for tracking movements.
## Footnote
Examples include GPS tracking.
39
Is the use of a trained dog to sniff for drugs considered a search?
Yes, if it involves a physical intrusion onto protected property.
## Footnote
Without physical intrusion, it typically does not violate privacy.
40
What is required for a valid search warrant?
A valid search warrant must be issued by a neutral magistrate, based on probable cause, and describe the places to be searched and items to be seized.
## Footnote
This protects against unreasonable governmental intrusion.
41
What defines probable cause for a search?
Probable cause requires more than reasonable suspicion; it can be based on personal observations, reliable informants, or evidence from stops.
## Footnote
It does not require certainty of finding evidence.
42
What must be demonstrated to challenge the truthfulness of a search warrant affidavit?
A defendant must show false statements were made knowingly, intentionally, or with reckless disregard for the truth, and were necessary for probable cause.
## Footnote
This allows for limited challenges to facially valid warrants.
43
What does 'particularity' mean in the context of a search warrant?
A search warrant must describe the place to be searched and items to be seized with particularity.
## Footnote
Vague warrants can lead to challenges based on generality.
44
What is an anticipatory warrant?
An anticipatory warrant is issued based on probable cause that a triggering condition will occur, leading to the discovery of contraband or evidence.
## Footnote
This allows for planning future searches.
45
Who can execute a search warrant?
Only a police officer or appropriate governmental official can execute a warrant.
## Footnote
Private citizens do not have this authority.
46
What is the 'knock and announce' rule?
The 'knock and announce' rule requires police to announce their purpose before entering when executing a search or arrest warrant.
## Footnote
This protects rights and prevents property damage.
47
What is the knock-and-announce rule?
A police officer must announce his purpose before entering to execute a search or arrest warrant
## Footnote
It allows individuals to comply, prevents property damage, and protects against violence.
48
What are exigent circumstances?
Situations where warrantless entry is justified due to immediate danger or risk of evidence destruction
## Footnote
Courts use the 'totality of circumstances' test to determine exigency.
49
True or False: Violation of the knock-and-announce rule triggers the exclusionary rule.
False
## Footnote
The interests protected do not include shielding potential evidence from discovery.
50
What can be seized under a search warrant?
Only the places and persons named in it, but evidence in plain view can be seized
## Footnote
This includes instrumentalities or fruits of a crime.
51
What is required to search persons not specified in a warrant?
Independent justification is needed; mere proximity to a named person does not suffice
## Footnote
Occupants can be detained reasonably during the search.
52
What is the Chimel standard?
A lawful arrest justifies a warrantless search of the person and immediate surrounding area
## Footnote
This allows for a protective sweep in adjacent areas.
53
Fill in the blank: A search incident to a lawful arrest must take place _______.
contemporaneously with the arrest.
54
What does the search incident to lawful arrest exception not extend to?
An arrestee's cell phone or laptop
## Footnote
Police must obtain a warrant for digital information unless exigent circumstances exist.
55
What must law enforcement demonstrate to justify a vehicle search incident to arrest?
Either the arrestee is within reaching distance or evidence of the offense might be found in the vehicle.
56
What is the automobile exception?
Police can search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence
## Footnote
This includes searching closed containers, but not homes.
57
True or False: A pretextual stop requires reasonable suspicion.
False
## Footnote
Police may use a pretextual stop if they have probable cause for a traffic violation.
58
What is required for a Terry stop?
Reasonable suspicion based on articulable facts
## Footnote
This is less than probable cause but more than a vague suspicion.
59
What is the plain-feel exception?
Allows officers to seize items during a frisk if their identity is immediately apparent
## Footnote
This applies if the officer has probable cause to believe the item is contraband.
60
What must be established for a search without a warrant in emergency situations?
Reasonable apprehension of evidence destruction or safety threats
## Footnote
The officer's belief must be objectively reasonable.
61
What does a lawful stop of a vehicle allow police to do?
Conduct a search of the passenger compartment for weapons if they have reasonable belief of danger
## Footnote
This includes ordering occupants out of the vehicle.
62
What are the limitations on a Terry stop?
Must be temporary and last no longer than necessary to achieve the stop's purpose
## Footnote
Extending the stop without reasonable suspicion violates the Fourth Amendment.
63
What is required for consent searches?
Consent must be voluntary and not given under coercion
## Footnote
Courts evaluate the totality of circumstances to determine consent.
64
What is the definition of consent in relation to police searches?
Consent can eliminate the need for probable cause or a warrant for a search.
65
What must be true for consent to be considered valid?
The permission must be given voluntarily.
66
True or False: Permission given under threats of harm constitutes valid consent.
False.
67
What does the totality of the circumstances refer to in consent searches?
Courts evaluate all circumstances surrounding the consent to determine its validity.
68
What is the impact of a false assertion of authority on consent?
Permission given in reliance on a false assertion of authority does not constitute valid consent.
69
Fill in the blank: The failure by police to inform a person of their right to withhold consent does not ______.
invalidate the consent.
70
What is third-party consent?
Consent given by someone other than the defendant to search property.
71
Who generally has the authority to consent to a search of property?
A third party who owns, occupies, or has control over the property.
72
True or False: A third party can consent to a search of property owned by the defendant.
False.
73
What determines the authority of a third party to consent to a search of jointly controlled property?
Whether the defendant is present at the time of the search.
74
What happens if the defendant is not present during a search of jointly controlled property?
The third party has authority to consent.
75
What is the scope of consent in a search?
The search is limited to the area to which the consent applies, but may extend to areas a reasonable officer believes fall under that consent.
76
What must the prosecution prove regarding consent?
That the permission was freely given.
77
What are administrative searches?
Searches conducted for regulatory purposes that may not require a warrant.
78
True or False: Administrative searches can be used to investigate criminal activity.
False.
79
What is required for a warrant authorizing a wiretap?
It must be limited in time, demonstrate probable cause, name individuals, describe conversations, and include termination provisions.
80
What is the 'fruit of the poisonous tree' doctrine?
Evidence obtained from an unlawful search is inadmissible, including secondary evidence derived from it.
81
What is the inevitable discovery rule?
Evidence may be admissible if it can be proven it would have been discovered lawfully.
82
What does the independent source doctrine state?
Evidence discovered from an independent source unrelated to the tainted evidence may be admissible.
83
What is the good-faith exception?
Evidence may be admissible if police acted in good faith on a valid warrant later found to be invalid.
84
What is needed to prove standing in a Fourth Amendment challenge?
A legitimate expectation of privacy regarding the search.
85
What does the exclusionary rule prevent?
The introduction of evidence obtained in violation of the accused's constitutional rights.
86
What is the harmless error doctrine?
An appellate court can refuse to order a new trial if the error was harmless beyond a reasonable doubt.
87
What is the knock-and-announce rule?
Police must announce their presence before executing a search warrant.
88
What must happen if evidence is obtained by questionable methods?
It is inadmissible if it shocks the conscience.
89
What is the purpose of a hearing when a defendant challenges a confession or evidence?
To determine whether the confession or evidence is fruit of the poisonous tree
## Footnote
This hearing is held outside the presence of the jury, allowing the defendant to testify.
90
Who bears the burden of establishing admissibility in such hearings?
The state, by a preponderance of the evidence
91
What type of evidence is considered inadmissible?
Evidence obtained in a manner that shocks the conscience
## Footnote
Examples include serious intrusions into the body and inducements by official actions that offend the sense of justice.
92
What is an example of a reasonable intrusion for obtaining evidence?
A cheek swab to obtain a DNA sample
93
Fill in the blank: Evidence obtained in a manner that _______ is inadmissible.
shocks the conscience
94
What is the legal precedent for determining if a confession is admissible?
Katz v. United States, 389 U.S. 347 (1967)
95
True or False: A defendant has the right to testify at the hearing regarding the admissibility of evidence.
True
96
What does the term 'fruit of the poisonous tree' refer to?
Evidence obtained through illegal means or violations of rights
97
What is one example of a serious intrusion into the body mentioned?
Surgery to remove a bullet
98
What distinguishes a cheek swab from a surgical procedure in terms of evidence collection?
A cheek swab is quick, painless, and involves no surgical intrusion beneath the skin
99
In what context is the term 'fruit of the poisonous tree' used?
In legal proceedings to assess the admissibility of evidence obtained through illegal means
100
Fill in the blank: The state must establish admissibility by a _______.
preponderance of the evidence
101
What type of intrusion is considered acceptable for obtaining DNA evidence?
A cheek swab
102
What Supreme Court case established the requirement for a hearing when a confession is challenged?
Katz v. United States
103
True or False: All evidence obtained by law enforcement is admissible in court.
False
104
What are the implications of obtaining evidence through methods that shock the conscience?
Such evidence is deemed inadmissible in court
105
What is required for a defendant to have standing to assert a Fourth Amendment violation?
Proof that the defendant has been seized or had a reasonable expectation of privacy regarding the place searched or the item seized.
106
What does the exclusionary rule prevent?
The introduction of unlawfully seized evidence at a trial against the defendant.
107
List circumstances where the exclusionary rule does not apply.
* Federal habeas corpus review
* Grand jury proceedings
* Preliminary proceedings
* Bail proceedings
* Sentencing proceedings
* Proceedings to revoke parole
* Impeaching the defendant
* Civil proceedings
108
Who decides whether evidence should be suppressed under the exclusionary rule?
The judge.
109
What is required for a Fourth Amendment seizure to occur?
Police must intend to terminate or restrain a person’s freedom of movement through physical force or a show of authority.
110
What constitutes a stop under the Fourth Amendment?
A temporary, investigative detention of a person.
111
What must an arrest warrant describe with particularity?
* The defendant
* The crime committed
112
What are the facts supporting probable cause for a search warrant?
* An officer’s personal observations
* Information from a reliable informant
* Evidence seized during a stop based on reasonable suspicion
* Evidence discovered in plain view
113
What is the 'knock and announce' rule?
Police must announce their purpose when executing a warrant, unless state law allows an exception.
114
True or False: An invalid arrest is a defense to the crime charged.
False.
115
What is required for a search to be considered unreasonable?
A government invasion of a reasonable expectation of privacy or physical intrusion on a constitutionally protected area.
116
What is the mnemonic for exceptions to the search warrant requirement?
SAD SPACES.
117
What does the 'search incident to arrest' exception allow?
A search without a warrant if the search is reasonable in scope.
118
What is the 'plain view' doctrine?
Police may seize items in public view without a warrant if the criminal nature of the items is immediately apparent.
119
What is required for voluntary consent to a search?
Consent must be given without threat of harm, compulsion, or false assertion of lawful authority.
120
What are exigent circumstances?
Situations where the government must demonstrate probable cause and an immediate need to act, preventing the delay of obtaining a warrant.
121
What does the 'fruit of the poisonous tree' doctrine entail?
The exclusionary rule applies to both primary evidence seized as a result of government illegality and secondary derivative evidence resulting from the primary taint.
122
List exceptions to the exclusionary rule.
* Inevitable-discovery rule
* Independent-source doctrine
* Attenuation principle
* Good-faith exception
* Isolated police negligence
* Knock and announce exception
* In-court identification exception
