Introduction/Fourth Amendment Arrests and other Detentions

Question 1

Constitutional Requirements binding on states

Answer 1

• The Fourth Amendment prohibition against unreasonable searches and seizures, and the exclusionary rule
• The Fifth Amendment privilege against compulsory self-incrimination
• The Fifth Amendment prohibition against double jeopardy
• The Sixth Amendment right to speedy trial
• The Sixth Amendment right to a public trial
• The Sixth Amendment right to trial by jury
• The Sixth Amendment right to confront witnesses
• The Sixth Amendment right to compulsory process for obtaining witnesses
• The Sixth Amendment right to assistance of counsel in felony cases and in misdemeanor cases in which imprisonment is imposed
• The Eighth Amendment prohibition against cruel and unusual punishment; and
• The Eighth Amendment prohibition against excessive fines

Question 2

Seizure

Answer 2

Any exercise of control, by a government agent, over a person or thing

Question 3

Probable Cause Requirement*

Answer 3

Exists when a reasonably prudent person believes a suspect has committed or is committing a crime
* Need probable cause to make an arrest

Question 4

Arrest Warrants

Answer 4

Not required before arresting someone in public place
* Non-emergency arrest of an individual at home requires a warrant
* Stationhouse detentions require probable cause
* An unlawful arrest has no impact on subsequent proesecution

Question 5

Investigatory Detentions (Terry Stops)

Answer 5

Police can detain person for investigatory purposes if reasonable suspicion of criminal activity supported by articulable facts
* Police must act in diligent and reasonable manner in confirming or dispelling suspicions
* Reasonable suspicion is more than just vague suspicion but is less than probable cause. Whether the police have reasonable suspicion depends on the totality of the circumstances.
* Informants: When reasonable suspicion is based on an informant’s tip, there must be an indicia of reliability (including predictive information) to be sufficient. (Predictive information can be included, but is not required)

Question 6

Automobile Stops

Answer 6

Police may stop car if reasonable suspicion to believe law was violated
* A stop constitutes seizure of all occupants (an officer may order occupants out of the car)
* If stop is legal = motive irrelevant
* Informational roadblocks = constititutional
* Checkpoint roadblocks (DUI checkpoints) = Must be neutrally applied
* Police Dogs: During routine stop, a sniff is not a search (normal stop), so long as the police do not extend the stop beyond the time needed to issue a ticket or conduct normal inquiries.
* Moreover dog alert can for the basis for probabale cause