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Flashcards in Fourth Amendment Deck (17)
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The Court has held that a person has a reasonable expectation of privacy any time

(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


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

at least reasonable suspicion that a law has been violated.


Police may set up roadblocks to stop cars if

(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.


reasonable expectation of privacy

-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


standing to challenge search or seizure

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



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


Search incident to lawful arrest may extend to

anywhere within arrestee's reach (wingspan)


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

-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


automobile exception to warrant requirement

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


Plain View Exception to Warrant Requirement

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


Consent Exception to Warrant Requirement

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


Stop and Frisk Exception to Warrant Requirement

-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


Emergency Aid Exception to Warrant Requirement

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


public school searches

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


Investigatory Detention (Terry Stops)

-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


probable cause to arrest

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


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

are not named in the search warrant.