Fourth Amendment – Warrant Clause Flashcards
Payton (1980)
Arrests: Warrant (arrest or otherwise) required to search a home without exigent circumstances
NY State statute unconstitutional when authorized cops to enter with force without warrant to make felony arrest; Payton suspect for murder. LE forced into home when no one answered knocks
Steagald (1981)
Arrests: Must obtain warrant in regards to home owner; a warrantless search of home owner but have arrest warrant of 3d party expected to be inside home not legal (1) the requirement of a search warrant would not significantly impede effective law enforcement efforts when weighed against the constitutional issues at stake, (2) the defendant had a Fourth Amendment privacy interest in being free from unreasonable invasion and search of his home, and (3) the arrest warrant served to protect only the person named in the warrant from an unreasonable seizure, but did nothing to protect the defendant’s interest in the privacy of his home against the unjustified intrusion of the police.
Cops looking for Lyons, entered D’s home and found coke.
Johnson (1948)
Arrests: Enter house requires warrant (except exigent circumstance)
Acting on tip, cops approach door to apartment smelling acrid odor of opium; entered home to find D and opium. Arrest and search was conducted without Probable Cause prior to entry.
Wilson (1995)
Searches (Mechanics): Knock and Announce: part of reasonableness test for cops to enter home under Fourth Amendment (exceptionsDthreat of physical violence; prisoner escapes to a dwelling with officer in pursuit; if evidence likely be destroyed
Franks v. Delware (1978)
Searches (Mechanics): Warrant’s Veracity: the veracity of an already issued and executed warrant may be challenged.
FACTS:
Ybarra (1979)
Warrant Clause limitations: Particularity of Person: Warrants must name a specific party to be searched.
Warrant issued to search bartender and tavern; no mention of patrons. Court held that the 1st patron search based on potential weapons that would (presumably) threaten lives of police allowed; the 2d patron search against Fourth Amendment.
Garrison (1987)
Warrant Clause limitations: Particularity of the Place: Affidavits for and searches with a warrant must be “as specific as the circumstances and the nature of the activity permitted.”
Cops had warrant for entire 3rd floor, but didn’t know there were two apartments there ( both of which D occupied), and in one of the apartments found contraband. Court allowed it.
Di Re (1948)
Warrant Clause limitations: Arrest without a warrant of one found sitting in an automobile in a public street with two other persons, one of whom had just purchased from the other a counterfeit gasoline ration coupon, is not justifiable, so as to confer a right to search his person.
Summers & Meuhler (1981/2005)
Warrant Clause limitations: Summer: search warrant of premises contains limited authority to detain occupants implying reasonable force authorized to secure occupant
Muehelr: (extent Summer’s can be used) gang members/weapons search leads cops to handcuff 5’2” woman occupant for 3hrs
Mincy (1978)
Warrant Clause limitations: No “Murder Scene” exception to the Warrant Clause. During a drug raid on D’s apartment, he was shot (taken to hospital) and 1 cop died. Afterwards, cops spent 4 days searching premises.
Bailey (2013)
Warrant Clause limitations: Officers executing a search warrant are allowed to detain the occupants of the premises, is spatially constrained and limited to the immediate vicinity of the premises to be searched.
Tipped off, cops got a warrant to search the basement apartment of a house for a gun. Before executing the search warrant, cops surveilling the apartment observed the suspects exit the strip club and drive away, following them for five minutes before pulling them over and handcuffing both men. Cops told them men that they were not under arrest, but being detained incident to the execution of the search warrant, and then drove back to the apartment, which by then had been secured and searched by other officers.
Welsh (1984)
Exigent Circumstances: Warrantless search factors: Time and Size of Offense (penalty)
A warrantless search of home at night for a non-jailable offense (DUI was $200 fine) after cops identified owner of car driven into open field (owner left scene)
McArthur (2001)
Exigent Circumstances: Restraining D from entering home without warrant allowed if reasonable
1) Probable Cause established contraband in D’s home; 2) D would destroy evidence; 3) cops didn’t violate privacy until warrant issued; 4) 2hrs reasonable restraint
Vale (1970)
Exigent Circumstances: A search may be incident to an arrest only if it is substantially contemporaneous with the arrest and is confined to the immediate vicinity of the arrest.
Police officers, who had warrants for defendant’s arrest, observed defendant engaged in what the officers believed was a narcotics sale. The officers arrested defendant on the street outside of his dwelling, a warrantless search defendant’s dwelling, and recovered additional narcotics
King (2011)
Exigent Circumstances: Police-Created Exigency Doctrine: police may not rely on the need to prevent destruction of evidence when that exigency was created or manufactured by the conduct of the police
-Requires more than fear of evidence being destroyed but courts cannot decide which test should be used
