Criminal Procedure - 4Th Amendment

Front 1

What constitutes a seizure?

Back 1

when reasonable person would believe he is not free to decline officer's requests or terminate encounter

Front 2

An arrest must be based on

Back 2

probable cause -- trustworthy facts or sufficient knowledge for reasonable person to believe suspect committed crime

Front 3

Is a warrant required for an arrest?

Back 3

Not in a PUBLIC place; yes for nonemergency arrest at home

Front 4

When can there be a stop and frisk?

Back 4

REASONABLE SUSPICION of criminal activity supported by ARTICULBLE FACTS --> for investigative purpose
If suspicion armed and dangerous --> can frisk for weapons

Front 5

Duration and scope of stop and frisk?

Back 5

no specific time limit; must be DILIGENT and REASONABLE manner in confirming or dispelling suspicions

Front 6

Can police arrest detained person who fails to identify himself?

Back 6

Yes

Front 7

Requirement for property seizures

Back 7

based on reasonable suspicion

Front 8

Generally, police can't stop a car unless

Back 8

they have reasonable suspicion to believe law has been violated

Front 9

To be valid, a road block/auto stop must be

Back 9

1) neutral, articular standard
2) designed to serve purpose closely related to problem pertaining to autos/mobility

Front 10

During an auto stop, police may seize

Back 10

driver and passengers (both can raise wrongful stop as reason to exclude evidence)

Front 11

May police order car occupants out of the car? Frisk them? Check passenger compartment for weapons?

Back 11

Yes, and yes/yes if reasonably believes occupants are armed

Front 12

What is a pretexual stop

Back 12

if police have probably cause to believe driver violated traffic law, they may stop car even if their ulterior motive is to investigate a crime for which they otherwise lacked sufficient cause for a stop

Front 13

If police believe suspect has drugs at home, they may

Back 13

keep suspect from going home for a reasonable time while obtaining a search warrant

Front 14

Does a valid warrant to search for contraband allow police to detain occupants during search?

Back 14

Yes

Front 15

For there to be a 4th Amendment challenge, the search must violate

Back 15

D's legitimate expectation of privacy

Front 16

What are the 6 warrantless search exceptions?

Back 16

1. incident to constitutional arrest
2. auto search
3. plain view
4. consent
5. stop and frisk
6. hot pursuit, emergency

Front 17

What makes a warrant proper?

Back 17

- based on probable cause
- precise on its face
- issued by neutral and detached magistrate

Front 18

What makes a warrant properly executed?

Back 18

1. without unreasonable delay
2. after announcement
3. person or place searched within scope of warrant

Front 19

4th A only protects against ____ conduct

Back 19

government

Front 20

A person has a legitimate expectation of privacy when:

Back 20

1) owned or right of possession of place searched
2) in his home
3) overnight guest of place searched

Front 21

There is no legitimate expectation of privacy in

Back 21

things held out to the public
- sound of voice, handwriting, records held by bank, garbage left outside, land, smells

Front 22

informant test

Back 22

based on totality of circumstances, even though reliability or credibility of informant undetermined

Front 23

Warrant issued on basis of affidavit from informant's tip will be INVALID if:

Back 23

1) false statement was included in affidavit
2) affiant intentionally or recklessly included false statement AND
3) false statement was material to finding probable cause

Front 24

The good faith exception applies only when

Back 24

police obtained a WARRANT and it is later determined to be invalid (no excuse for not getting a warrant)

Front 25

What is the scope of the search?

Back 25

limited to what's reasonably necessary to discover items found in warrant; police can seize any contraband regardless of whether specified in warrant

Front 26

Can police search persons not named in warrant?

Back 26

No, can only detain them

Front 27

A search pursuant to a constitutional arrest must be

Back 27

contemporaneous

Front 28

If arrest is constitutional, then the search incident to that arrest is

Back 28

unconstitutional

Front 29

When can police search an auto?

Back 29

1) arrestee is unsecured and still may gain access to interior of vehicle OR
2) reasonably believe evidence of offense person arrested for will be found in vehicle

Front 30

Can police search belongings of auto passenger?

Back 30

Yes

Front 31

Requirements for plain view exception

Back 31

1) must be legitimately on the premises
2) discover evidence of crime or contraband in plain view
3) have probable cause to believe its contraband, used in crime, etc.

Front 32

Consent must be ____ and scope is limited to ____

Back 32

voluntary; consent

Front 33

Must D have knowledge that he has right to withhold consent?

Back 33

No

Front 34

Can occupant give valid consent to search when co-occupant is present and objects and search is directed against co-occupant?

Back 34

No

Front 35

Do police need probably cause for stop and frisk?

Back 35

No
- stop: requires reasonable suspicion
- frisk: reasonably thinks suspect has weapon

Front 36

Scope of frisk

Back 36

outer clothing; can seize anything based on plain feel is a weapon or contraband

Front 37

Grounds for public school search

Back 37

must be REASONABLE!
1) moderate chance of finding evidence of wrongdoing
2) measures reasonably related to objectives of search; AND
3) search is not excessively intrusive based on age, gender, nature of infraction

Front 38

Wiretapping may be used if:

Back 38

1) probable cause
2) suspects are named
3) warrant specifies types of conversations
4) limited to short period of time and terminated afterward
5) return is made to court

Front 39

Is it constitutional to take a blood sample?

Back 39

Yes; balancing test of society's need against magnitude of intrusion