Lecture 23 – Ny & Mbe Criminal Procedure – 5Th Amendment

Front 1

What does the E from BACH’S PIES stand for?

Back 1

E - emergency search
The 4th amendment will not prevent a police officer from aiding someone in imminent danger. Thus, under the emergency aid doctrine, the police may constitutionally enter protected areas without a warrant provided
1. the police have an objective reasonable belief that there is an emergency and an immediate need for police aid to protect life or property and
2. there is a reasonable connection between the emergency and the area searched.
In MBE, the officer's subjective motive for entering the premises is not relevant if an objective emergency exists. NY, however, may retain as a 3rd element that the search may not be primarily motivated by intent to seize evidence.
Under the related exigent circumstances exception, the police may enter a home without a warrant if they have probable cause to believe that a crime is being committed inside.
While there is no separate murder scene exception, the police may make a prompt limited warrantless search of a homicide scene to determine if there are other victims or if the killer is on the premises.

Front 2

What does the first S from BACH’S PIES stand for?

Back 2

S - proper stops and seizures
In MBE, a defendant claiming an improper police stop and seizure must show either physical force or a submission to a show of authority in which D actually yields to the police. In NY, D need not show physical force or his submission to authority, but rather a significant interruption of liberty of movement (i.e. When an RPP believed from the language and circumstances that he is free to go.).

Front 3

There are 4 types of stops. FAIR. Under the first S from BACH’S PIES, what does FAIR stand for?

Back 3

F - stop and frisk
A - stop and arrest (level 4)
I - stop and inquiry
R - a request for information