4th Amendment up to Terry

Criminal Procedure up to Terry

Multiple Select

Search warrants must

• specify the place to be searched

• specify the items to be seized

• must specify both

Warrants

• Arrest warrants require - probable cause that the person committed the crime.

• Search warrants require: Probable cause that the items to be seized are connected with criminal activity and probable cause that the items to be seized are in the location to be searched to complete the particularity requirement.

Multiple Select

Search warrants

• can be conducted at any time of the day without restriction.

• can only be served during a small window of time and must be specifically stated within the warrant

• favor daytime service.

Types of warrantless actions that require probable cause

• search incident to arrest

• exigent circumstances

• automobile searches

• plain view

• arrest in public

Multiple Choice

Search incident to arrest must include

• lawful arrest and person must be taken into custody

• lawful arrest and a felony offense

• public arrest and felony offense

• arrest on curtilage and person is taken into custody

SIA - must include lawful arrest and the person must be taken into custody - not cite released

• “Arm-span” rule - on the person or within their immediate access/control, the area from within which he might have obtained either a weapon or other contraband – Chimel v. California

• May search for other people who may be of a threat in the immediately adjoining place of arrest incident to arrest– Maryland v. Buie

• May monitor the arrested person’s movements – Washington v. Christman

Multiple Select

The search pursuant to SIA must take place

• after the arrest of the individual

• can take place prior to arrest if probable cause exists

• must happen at the police station

-PC must precede warrantless search

-As long as PC exists, the arrest may take place after the search – Rawlings v. Kentucky

• - The search must be contemporaneous

  EXCEPT: United States v. Edwards (1974) 415 U.S. 800

       1. if an immediate search is nearly impossible

        2. the exigency still exists at the time of the later search 

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Protective Sweeps

• ■Upon reasonable suspicion that there may be other people that may be a threat in the home, the police may do a protective sweep. - Maryland v. Buie

Multiple Select

A vehicle may be searched incident to arrest according to New York v. Belton. Which portions of the vehicle can be searched incident to arrest?

• the trunk

• anything within the area of immediate control of the arrestee, including containers, backseats, jacket pockets etc.

• just the driver's compartment

Search incident to the arrest can include the search of the vehicle if the vehicle was within the arrestees area of immediate access and control

• can include the entire vehicle and all containers found within it

• excludes the trunk

• Arizona v. Gant requires that there is reason to believe that there is evidence of the crime within the vehicle.

Multiple Choice

Which of the following is NOT within the warrant exception of exigent circumstances:

• hot pursuit

• likelihood of escape or danger to others

• evanescent evidence

• suspect has a prior felony record

Multiple Select

Which is not the proper requirement for hot pursuit

• lawful standpoint

• serious offense

• reasonable suspicion

• probable cause

Hot pursuit

• 1.PC: Warrantless entry ok when LE has PC to believe that the person they are chasing has committed a crime and is on the premises

• 2.Exigency: reason to believe the suspect will escape or that further harm either to evidence or to other people will occur if the suspect is not immediately apprehended

• 3.Lawful Standpoint: the police must begin their hot pursuit from a lawful standpoint (United States v. Santana)

• 4.Serious: Must be a serious offense (Welsh v. Wisconsin)

• 5.Timing: prior to or immediately contemporaneous

• 6.Scope: may only search where the suspect or weapons might reasonably be found

Evanescent Evidence has a 3 part test

• 1.There is no time to obtain a warrant

• 2.There is a clear indication that the search will result in obtaining the evidence sought

• 3.The search is conducted in a reasonable manner

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Multiple Select

Evanescent evidence also includes evidence that is being physically destroyed by the suspect

• true

• false

According to Cupp v. Murphy

• evanescent evidence is not exclusively evidence that by it's own nature degrades or destroys itself

• but also includes physical destruction by a suspect

• This was the case where the man was attempting to rub evidence of dried blood off of himself.

Automobile searches - Carroll v. United States

• authorizes the search of the entire vehicle

• based on probable cause to believe the vehicle contains evidence of a crime

• must be an automobile (plane, boat, potentially motorhomes if mobile)

• securing a warrant is impracticable

Multiple Select

Which is not necessarily always requirement for plain view doctrine, more of a guideline

• the discovery of the evidence is inadvertent

• law enforcement is lawfully in the area to be searched

• the items are immediately apparent as subject to seizure

Horton v. California

• said the inadvertency is usually a characteristic but not a complete necessity

• they are not going to be getting in the business of the subjectivity of the officer's actions

Multiple Select

Consent searches require

• probable cause

• reasonable suspicion

• free and voluntary consent

Consent seraches

• do not require PC or RS

• as long as they are free from unlawful coercion and are voluntary under the 14th Amendment

Multiple Choice

Once consent is given

• the police can search anywhere or anything

• consent is limited in scope to the consent given

Consent may be limited by the person granting consent.

• either in scope - "you can only search here or there"

• and the consenting person can terminate consent

Multiple Choice

Who cannot give consent for the other person

• husband/wife

• parents consent for children

• children consent for parents

• all immediate family members can give valid consent for the others.

Consent is not valid if given by children for their parents.

Multiple Select

Officer saw driver driving down the street speeding. He pulls him over and orders him out of the car without any other cause. Can he legally do that?

• Yes according to Maryland v. Wilson law enforcement needs no cause to order the man out of the vehicle.

• No according to Delaware v. Prouse reasonable suspicion is required.

Law enforcement does not need any cause to order someone out of the vehicle,

• but will require reasonable suspicion that he/she is armed and dangerous to pat them down for weapons.

Multiple Choice

What is the original case that sets the standard for stop & frisk

• Maryland v. Wong Sun

• Whren v. United States

• Terry v. Ohio

• New York v. Belton

Terry v. Ohio

• RS is required to stop

• Reasonable suspicion that a person is armed and dangerous is required to frisk

  Reasonable inquiries must be made

• Law enforcement must ID themselves before they start patting people down

Stop

• When an officer by means of physical force or show of authority has in some way restrained the liberty of the citizen. 

•  Standard: A reasonable person would not feel free to ignore the officer and leave.

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Multiple Select

An investigative stop can

• last as long as the officers want/need

• must be limited to the amount of time necessary to effectuate the purpose of the stop

Terry/Investigative stop

• An investigative stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop. 

• Investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer’s suspicion in a short period of time.

Multiple Select

During a frisk law enforcement MAY

• pat down the outside of clothing

• go into pockets without any other justification

• manipulate, squeeze items found without being readily apparent of illegality

• all of the above

Frisk is limited to

• patting down the outside of the clothing

• if something is felt, they can retrieve it if it is readily apparent as contraband/weapons

• must be motivated by the safety to officers