Introduction / Fourth Amendment—Arrests and Other Detentions

Question 1

constitutional requirements binding on states (as well as fed gov)

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

constitutional rights not binding on states

Answer 2

The right to indictment by a grand jury for capital and infamous crimes not binding.

It has not yet been determined whether the Eighth Amendment prohibition against excessive bail creates a right to bail. However, most state constitutions create a right to bail and prohibit excessive bail.

Question 3

4th amendment - seizure

Answer 3

people should be free from unreasonable searches and seizures. Any exercise of control by a government agent over a person or thing is a seizure. Governmental seizures of persons, including arrests, are seizures within the scope of the Fourth Amendment and so must be reasonable.

Question 4

what constitutes a seizure

Answer 4

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

Question 5

what constitutes an arrest

Answer 5

when the police take a person into custody against their will for purposes of criminal prosecution or interrogation.

Question 6

probable cause requirement

Answer 6

An arrest must be based on probable cause—that is, trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law. Probable cause is based on the totality of the circumstances.

Question 7

when is a warrant required for arrest

Answer 7

A warrant generally is not required before arresting a person in a public place.

However, police generally must have a warrant to effect a nonemergency arrest of a person in their home. The officers executing the warrant may enter the suspect’s home only if there is reason to believe the suspect is within it.

Question 8

station house detentions

Answer 8

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

Question 9

effect of invalid arrest

Answer 9

An unlawful arrest, by itself, has no impact on any subsequent criminal prosecution.

Question 10

terry stops - generally

Answer 10

police have the authority to briefly detain a person even if they lack probable cause to arrest.

If the police have a reasonable suspicion of criminal activity or involvement in a completed crime, supported by articulable facts (that is, not merely a hunch), they may detain a person for investigative purposes.

If the police also have reasonable suspicion that the detainee is armed and dangerous, they may frisk the detainee for weapons.

Question 11

terry stops - reasonable suspicion

Answer 11

more than just vague suspicion but is less than probable cause. Whether the police have reasonable suspicion depends on the totality of the circumstances.

Question 12

terry stops - when reasonable suspicion is based on informant tip

Answer 12

there must be an indicia of reliability (including predictive information) to be sufficient.

Question 13

terry stops - duration and scope.

Answer 13

not subject to a specific time limit. The police must act in a diligent and reasonable manner in confirming or dispelling their suspicions.

The police may ask the detained person to identify themself (that is, state their name) and generally may arrest the detainee for failure to comply with such a request.

The detention will also turn into an arrest if during the detention other probable cause for arrest arises.

Question 14

when can police make automobile stops

Answer 14

police officers may stop a car if they have at least reasonable suspicion to believe that a law has been violated.

Question 15

traffic stops and dogs

Answer 15

a dog sniff is not a search, so long as the police do not extend the stop beyond the time needed to issue a ticket or conduct normal inquiries.

SC held that during such a traffic stop, a dog “alert” to the presence of drugs can form the basis for probable cause for a search.

Question 16

police officers mistake of law in automobile stop

Answer 16

A police officer’s mistake of law (for example, mistakenly believing that a vehicle must have two working brake lights) does not invalidate a seizure as long as the mistake was reasonable.

Question 17

automobile stop - seizure of occupants

Answer 17

An automobile stop constitutes a seizure not only of the automobile’s driver, but also of any passengers as well. Thus, passengers have standing to raise a wrongful stop as a reason to exclude evidence found during the stop.

Question 18

automobile stops - info checkpoints and roadblocks

Answer 18

if the police set up a roadblock for purposes other than seeking incriminating information about the drivers stopped, the roadblock will be constitutional.

If special law enforcement needs are involved, the SC allows police officers to set up roadblocks to stop cars without individualized suspicion that the driver violated some law.

To be valid, the roadblock must:
1) Stop cars on the basis of some neutral, articulable standard (for example, every car) and

2) Be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility

Question 19

automobile stop - ordering occupants out

Answer 19

After lawfully stopping a vehicle, in the interest of officer safety, the officer may order the occupants of the vehicle to get out.

Moreover, if the officer reasonably believes the detainees are armed, the officer may frisk the occupants and search the passenger compartment for weapons, even after the officer has ordered the occupants out.

Question 20

automobile stops - pretextual stops

Answer 20

If the police have probable cause to believe a driver 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.

Question 21

detention to obtain a warrant

Answer 21

If the police have probable cause to believe that a suspect has hidden drugs in their home, they may, for a reasonable time, prevent the suspect from going into the home unaccompanied so that they can prevent the suspect from destroying the drugs while they obtain a search warrant.

Question 22

detention of occupants of the premises

Answer 22

A valid warrant to search for contraband allows the police to detain occupants of the premises during a proper search.

Question 23

detention for grand jury appearance

Answer 23

Seizure of a person (by subpoena) for a grand jury appearance is not within the Fourth Amendment’s protection.

Question 24

detention by deadly force

Answer 24

There is a Fourth Amendment “seizure” when a police officer uses deadly force to apprehend a suspect. An officer may not use deadly force unless it is reasonable to do so under the circumstances

Question 25

totality of circumstance test applies to the following scenarios:

Answer 25

1) reliability of informants 2) if there is reasonable suspicion for terry stop 3) if waiver of Miranda rights is knowing and voluntary

Question 26

harmless error test applies to the following scenarios

Answer 26

1) exclusionary rule 2) prosecutors comments on a D's silence at trial