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40 Cards in this Set
- Front
- Back
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Basic rule on Search and Seizure?
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Evidence obtained as result of unreasonable search or seizure cannot be used to prove a criminal D's guilt.
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What constitutes a search?
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A search is any official action that intrudes upon a person's reasonable expectation of privacy.
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Examples of police conduct not constituting a search
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1. Aerial surveillance of fenced yard
2. Examination of trash left in yard 3. Determining numbers dialed from residential home (pen register) 4. Using a beeper to follow a car on public streets 5. Having a dog sniff luggage in an airport |
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Examples of police conduct constituting a search
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1. Rigorous squeezing of luggage in bus overhead rack
2. Thermal imaging scan of residence |
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What is "Plain view"?
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Officers merely exercise their right to engage in "plain view" and do not search if they:
1. reach a location without violating the 4th amendment; and 2. simply look at something in open view |
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What is "Open fields"?
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Officers who go upon any unoccupied or undeveloped are of land not part of the curtilage of a dwelling do not search.
Curtilage = area surrounding and used in connection with a residence. |
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What makes a search reasonable?
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1. Must be pursuant to a valid search warrant (exceptions to it)
2. Must be based on probable cause |
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What is probably cause?
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Facts from which a reasonable person would conclude that there is a
"fair probability" that seizable items will be found in the premises. |
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What are the items subject to seizure?
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1. Contraband (illegal to possess)
2. Fruits of crime 3. Instruments of crime 4. Evidence that a crime was committed or that a particular person committed it ("mere evidence") |
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What is the 4th Amendment search warrant law?
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Search warrant: Judicial order authorizing search and seizure
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Under what circumstances is a warrant issued?
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Warrant must be issued on information constituting probable cause: affidavit must set out facts from which issuing magistrate can make an independent judgment that probable cause exists.
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What must a warrant describe?
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1. Place to be searched
2. Items to be searched for and seized |
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What is the general rule on Announcement and "No Knock" Entry?
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Before entering premises, officers must "knock and announce" and give occupants opportunity to admit the officers.
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When is "no knock" entry permitted?
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If officers have "reasonable suspicion" that occupants would:
1. Resist the officers by using force; or 2. Destroy or remove items for which warrant issued. |
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What can an officer seize?
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1. Items reasonably believed to be those described; and
2. Other items found in "plain view" during search if probable cause exists to believe they are seizable. |
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When doesn't the "plain view" seizure rule apply?
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If officers come upon an item in plain view, and they are searching improperly.
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What is the rule on Warrantless Searches under 4th Amendment law?
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1. Requirement of search warrant has a number of exceptions, under which warrantless searches are reasonable.
2. Some-not all-are also exceptions to requirement of probable cause. |
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General rule on Consent Searches?
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Consent searches require neither warrant nor probably cause.
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Rules on Effectiveness of Consent:
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1. Consent must be voluntary
2. Consent must be from either a. Someone with a general right of access to premises (actual authority to give consent); or b. someone reasonably believed by officers to have such access (apparent authority) |
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What if there are Joint Occupants, who would give consent then?
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1. General rule is that officers need consent from only one of several joint occupants.
2. If joint occupant at whom search is directed is present and actively objecting, consent from other joint occupants is not effective. |
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What is the scope of consent?
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Consent covers what a reasonable person in the situation would understand the words to mean.
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What is the vehicle exception to the warrant requirement?
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Moving vehicles and those parked in public places can be searched w/o a warrant.
1. BUT probable cause is necessary. 2. Search can extend to any place where the items might be found |
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What is a search incident to arrest?
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The custodial arrest of a person in a vehicle permits as an incident of that arrest:
1. Search of the passenger compartment (including the glove compartment) 2. BUT not the trunk. |
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What is an inventory "inspection"?
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Properly seized or impounded vehicle may be administratively inventoried pursuant to a standardized procedure.
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What is the rule on Content of containers?
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They can be examined if the car can be searched.
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Exigent circumstances searches?
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A warrantless search is permitted if officers have both:
1. reason to believe delaying the search to get a warrant would result in removal or destruction of the items; and 2. Probable cause to believe seizable items will be found. |
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Arrests and incidental searches under federal constitutional law
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Intro card
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What if there's an invalid arrest?
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It has no effect upon a trial court's jurisdiction.
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If there's a valid custodial arrest, there's an automatic right to search 2 places:
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1. Person of the arrestee, which includes pockets and items found on the person of the arrestee; and
2. Area of possible reach |
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What if an arrest is made inside a premises?
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1. Officers can automatically look in immediately adjoining places where a person might be concealed.
2. Protective sweep of entire premises can be made BUT only if officers have reasonable suspicion that dangerous persons are present. |
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What does reasonable arrest require?
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Probable cause to believe that the person committed the offense.
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When is a warrant required under "Arrests and incidental searches under federal con law"?
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Only if premises are entered to search for suspect.
1. Suspect's own residence: arrest warrant is sufficient 2. Other premises: search warrant is needed. |
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4th Amendment Law: Nonarrest Detentions & Citizen-Officer Contacts
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Intro Card
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What is a Terry Stop?
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A terry stop for investigation may be made on reasonable suspicion: some reasonable basis for officer's suspicion that suspect has committed, is committing, or is about to commit a crime. (A detention that is not a valid arrest).
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What if there's an anonymous tip of a crime?
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It is not enough if not adequately corroborated
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What are the limits on field stops?
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1. Can't be too lengthy
2. suspect can't be extensively moved (not to a station) 3. No automatic right to search |
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What if probable cause develops during a field stop?
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Detention becomes a valid arrest.
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When can a weapons search be made?
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If the officer has a reasonable fear for safety.
1. Must be initially limited to a pat-down 2. Permissible only to determine if the suspect has a weapon. |
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Does a traffic stop permit a full search?
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No, but an arrest would.
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What constitutes seizure of a suspect?
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1. The officer physically restrains him, or
2. The officer makes a show of authority AND the suspect submits. |
