Fourth Amendment Flashcards

(17 cards)

1
Q

The Court has held that a person has a reasonable expectation of privacy any time

A

(i) she owned or had a right to possession of the place searched
(ii) the place searched was her home, whether or not she owned or had a right to possession of it
(iii) she was an overnight guest of the owner of the place searched

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2
Q

Stopping a car is a seizure for Fourth Amendment purposes and police generally may not stop a car unless they have

A

at least reasonable suspicion that a law has been violated.

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3
Q

Police may set up roadblocks to stop cars if

A

(i) the cars are stopped on the basis of some neutral, articulable standard, and
(ii) the stops are designed to serve a purpose closely related to a particular problem arising from automobiles and their mobility.

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4
Q

reasonable expectation of privacy

A
  • exists when there is a government intrusion into a constitutionally protected area
  • determined under a totality of the circumstances
  • person has a reasonable expectation of privacy in his home or in places in which he is an overnight guest
  • does not exist in things held out to the public
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5
Q

standing to challenge search or seizure

A

person can complain about an evidentiary search or seizure only if it violates his own reasonable expectation of privacy

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6
Q

warrant–issuance

A

Most searches must be pursuant to a warrant:

  • issued by a neutral and detached magistrate
  • based on affidavits or sworn testimony setting forth facts sufficient to allow a reasonable person to believe seizable material will be on the premises when the warrant is executed (i.e., probable search to search)
  • judged on a totality of the circumstances
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7
Q

Search incident to lawful arrest may extend to

A

anywhere within arrestee’s reach (wingspan)

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8
Q

If arrestee was the occupant of an automobile, officers may search the interior if:

A
  • arrestee is unsecured and may still gain access to the interior; or
  • officers reasonably believe automobile contains evidence of offense for which arrest was made
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9
Q

automobile exception to warrant requirement

A

If police have probable cause to believe a car contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the car without a warrant and look into any area in which the item for which they have probable cause might be found

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10
Q

Plain View Exception to Warrant Requirement

A

Officer may make a warrantless seizure when:

  • legitimately on premises;
  • discovers contraband or evidence, fruits, or instrumentalities of a crime;
  • in plain view; and
  • officer has probable cause to believe (that is, it is immediately apparent) item is evidence, contraband, or fruit or instrumentality of a crime
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11
Q

Consent Exception to Warrant Requirement

A

Officer may conduct a warrantless search of premises with consent from someone with apparent right to use or occupy premises

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12
Q

Stop and Frisk Exception to Warrant Requirement

A
  • Officer may stop a person without probable cause to arrest if officer has reasonable suspicion of criminal activity
  • If officer also reasonable believes the person is armed and dangerous, officer may pay down the person’s outer clothing
  • Officer may seize anything during pat down that, by its plain feel, officer believes to be a weapon or contraband
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13
Q

Emergency Aid Exception to Warrant Requirement

A

Officer may conduct a warrantless search when there is an emergency that may threaten health or safety an immediate action may be needed; judged objectively from officer’s point of view

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14
Q

public school searches

A

Search by public school officials is valid:

  • It offers a moderate change of finding evidence;
  • Measures adopted are reasonably related to objectives of the search; and
  • Search is not excessively intrusive
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15
Q

Investigatory Detention (Terry Stops)

A
  • Officer may briefly detain a person for investigative purposes if officer has reasonable suspicion based on articulable facts that criminal activity is afoot
  • Reasonable suspicion judged under a totality of the circumstances
  • If suspicion based on informer’s tip, it must be accompanied by indicia of reliability, such as predictive information
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16
Q

probable cause to arrest

A

At time of arrest, officer has within her knowledge reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law

17
Q

A search warrant does not authorize the police to search persons found on the premises who

A

are not named in the search warrant.