Fourth Amendment

Question 1

People should be free from unreasonable searches and seizures

Answer 1

Fourth Amendment

Question 2

Governmental seizures of persons, including arrests, are seizures within the scope and so must be reasonable.

Answer 2

Fourth Amendment

Question 3

When under the totality of the circumstances, a reasonable person would feel that he was not free to decline the officer’s requests or otherwise terminate the encounter.

Answer 3

What is a seizure

Question 4

When the police take a person into custody against her will for purposes of criminal prosecution or interrogation

Answer 4

What is an arrest

Question 5

Trustworthy facts or knowledge sufficient for a reasonable person to to believe that the suspect has committed or is committing a crime

Answer 5

What is probable cause

Question 6

Arrest must be based on probable cause

Answer 6

Probable cause requirement

Question 7

Warrant is generally not required before arrest if the person is in a public place

Answer 7

Arrest requirements

Question 8

Warrant is required to effect a nonemergency arrest of a person in his home.

Answer 8

Arrest requirements

Question 9

Police have a reasonable suspicion of criminal activity or involvement in a completed crime - supported by articulable facts (not merely a hunch) - they may detain a person for investigatory purposes

Answer 9

Stop and Frisk Requirements

Question 10

Police also have reasonable suspicion that the detainee is armed and dangerous

Answer 10

May frisk the Stop and Frisk Detainee for weapons

Question 11

Not subject to a specific time limit - Police must act in a diligent and reasonable manner in confirming or dispelling their suspicions

• Ask detained person to state their name - May arrest him if he doesn’t comply
• Will turn into an arrest if during the detention other PC arises

Answer 11

Duration and Scope of an Investigatory Stop.

Question 12

Brief property seizures are valid if based on reasonable suspicion

Answer 12

Property seizures in an Investigatory Stop.

Question 13

Police may not stop a car unless they have a reasonable suspicion to believe that a law has been violated

Answer 13

Requirements to stop a car

Question 14

If special law enforcement needs are involved - police may set up roadblocks to stop cars without individualized suspicion that the driver has violated a law

Answer 14

Supreme Court ruling on Roadblocks

Question 15

Requirements:

(1) Stop cars on some neutral, articulable standard (i.e. every car)
(2) Be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility (drunk driving - okay due to pervasiveness of drunk driving problem; drugs - not okay because the purpose of such a checkpoint is only to detect evidence of ordinary criminal wrongdoing)

Answer 15

Requirements for an automobile stop

Question 16

All passengers and the driver are seized - thus passengers have standing to raise a wrongful stop as a reason to exclude evidence found during the stop

Answer 16

Seizure of all occupants

Question 17

In the interest of officer safety, the officer may order the occupants of the vehicle to get out

Answer 17

Automobile stop requirements

Question 18

If the officer reasonably believes the detainees to be armed - he may frisk the occupants and search the passenger compartment for weapons - even after he has ordered the occupants out

Answer 18

Automobile stop requirements

Question 19

If the police believe a driver has violated a traffic law - they may stop the car - even if their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop

Answer 19

Pretextual Stops

Question 20

Police may, for a reasonable time, prevent someone from entering their home unaccompanied so that they can prevent him from destroying the drugs

Answer 20

Detention to obtain a warrant if they have probable cause that there are drugs hidden in the house

Question 21

Police may detain occupants of the premises during a proper search

Answer 21

Occupant searches - Valid warrant to search for contraband on the premises

Question 22

Police must have full probable cause for arrest to bring a suspect to the station for questioning or fingerprinting against the person’s will

Answer 22

Station House Detention Requirements

Question 23

Seizure of a person - by subpoena - for a Grand Jury appearance

Answer 23

Not covered by the Fourth Amendment

Question 24

When a police officer uses deadly force to apprehend a suspect - may not use deadly force unless it is reasonable to do so under the circumstances

Answer 24

There is a Fourth Amendment Seizure

Question 25

Suspect poses a danger to his own life or the lives of others

Answer 25

Reasonable to use deadly force to apprehend a suspect

Question 26

(1) Does the defendant has a Fourth Amendment Right?
(2) Did the government have a valid warrant?
(3) If the police did not have a valid warrant, did the y make a valid warantless search and seizure?

Answer 26

Analytical model for evidentiary searches

Question 27

Seizure by the government concerning a place of thing in which the defendant has a reasonable expectation of privacy.

Answer 27

Fourth Amendment Rights

Question 28

(1) Issued by a neutral and detached magistrate
(2) on a showing of probable cause
(3) Reasonably precise as to the place to be searched and items to be seized.
OR
Government agent’s reliance on the warrant was in good faith

Answer 28

Valid warrant requirements

Question 29

(1) Incident to a constitutional arrest
(2) Automobile Search
(3) Plain View
(4) Consent
(5) Stop and Frisk
(6) Hot pursuit, evanescent evidence, emergency aid

Answer 29

Warrantless Search Exceptions

Question 30

Protects only against governmental conduct (police and other government agents) not against searches by private persons (including private security guards) - unless deputized as officers of the public police

Answer 30

Governmental conduct required for the Fourth Amendment

Question 31

(1) Search or seizure by a government agent of a constitutionally protected area in which the individual had a reasonable expectation of privacy
(2) Physical intrusion by the government into a constitutionally protected area to obtain standing

Answer 31

How a search and seizures can implicate an individuals Fourth Amendment rights

Question 32

• Sound of your voice
• Your handwriting
• Paint on the outside of your vehicle
• Account records held by a bank
• Areas outside the home and related buildings, such as a barn
• Garbage left out for collection
• Land visible from a public place, even a helicopter or plane
• the smell of one’s car or luggage (sniff-test)

Answer 32

NO REASONABLE EXPECTATION OF PRIVACY

Question 33

Areas outside the home and related buildings

Answer 33

Curtilage