Searches and Seizures

Question 1

4th Amendment

Answer 1

Protects against unreasonable searches and seizures

Question 2

“Seizure” of a person

Answer 2

When a reasonable person would not feel free to leave the encounter under totality of the circumstances. Usually some sort of force is necessary.

Question 3

Arrest

Answer 3

Type of seizure needing probable cause.

Home: need warrant for home arrest
Public: do not need warrant

Question 4

Terry Stop (Investigatory Search )

Answer 4

Type of seizure needing reasonable suspension by totality of circumstances.

Must be reasonable, can’t be too long, must be based on reliable informant

Question 5

Automobile Stops

Answer 5

Type of seizure where need reasonable suspicion.

Question 6

Roadblocks

Answer 6

Type of seizure but Ok as long as neutral, consistent standard, and related to specific problem

Question 7

Seizure of Property

Answer 7

See if reasonable expectation of privacy given the totality of the circumstances

Question 8

Warrant Searches

Answer 8

Generally need a warrant for all searches.

Warrant must be based on Probable Cause, Particular, and issued by a Neutral Magistrate.

Question 9

When must cops knock and announce?

Answer 9

For any warrant unless would hinder investigation or be dangerous.

Question 10

Warrantless Searches

Answer 10

Generally violate the 4th Amendment unless an exception applies

Question 11

Warrant Requirement Exceptions

Answer 11

1. Incident to Lawful Arrest
2. Plain View
3. Stop and Frisk
4. Emergency Aid
5. Hot Pursuit
6. Evanescence Evidence
7. Automobile
8. Consent
9. Drug Tests
10. Boarder
11. Inventory Searches

Question 12

Search incident to lawful arrest

Answer 12

Must be contemporaneous

Question 13

Automobile Exception

Answer 13

Must have probable cause that car has contraband or evidence of crime arrested for OR arrestee not secure.

Question 14

Plain View Exception

Answer 14

Must be legally on premises in 1st place/in plain sight and immediately recognizable as a evidence of a crime

Question 15

Consent Exception

Answer 15

Anyone police reasonably believe has the ability to consent

Question 16

Stop and Frisk Exception

Answer 16

Applies during valid Terry stop, need reasonable belief that person is armed and dangerous

Question 17

Hot Pursuit Exception

Answer 17

When chasing a fleeing felon

Question 18

Emergency Aid Exception

Answer 18

Search justified by threats to health or safety

Question 19

Inventory Search Exception

Answer 19

Ok as long as part of police procedure

Question 20

Public School Searches by School Officials

Answer 20

Needs to be reasonable with a moderate chance of finding evidence

Question 21

Evanescent Evidence Exception

Answer 21

Evidence that is likely to disappear before warrant can be obtained (eg. Evidence under fingernails)

Question 22

Mandatory Drug Testing Exception

Answer 22

Ok when serves a special need beyond law enforcement

Question 23

Boarder Exception

Answer 23

Searches of automobiles at boarder do not require a warrant, reasonable suspicion, or even probable cause. Officials may question occupants and even disassemble vehicles.

Question 24

Are traffic stops considered custodial for Miranda purposes?

Answer 24

No. Not in custody at traffic stop (or meeting with parole office)

Question 25

Can a person have a reasonable expectation of privacy in a public place?

Answer 25

Yes. Ex: fitting rooms