4th amendment test

Stop and/or Frisk

Stop and/or Frisk

A Police Officer may perform a limited pat down search if they have reasonable suspicion that the suspect is about to perform criminal activity.

The officer may conduct a pat-down frisk if they suspect danger.

4th amendment

only applies to government

ppl have the right to be free from unreasonable searches

GREATER RIGHTS IN PUBLIC INSTITUTIONS THAN PRIVATE ONES

Criminal procedure

what the police and/or gov can or cannot do while investigating or prosecuting crimes

When do you need a SW?

whenever the defendant has a reasonable expectation of privacy

Highest reasonable expectation of privacy

a suspect’s house

Smallest reasonable expectation of privacy

a public street

Probable cause

trustworthy evidence that a crime has or will occur (more than a hunch/sus)

Exclusionary Rule (Mapp v Ohio)

if the police search illegally w/out probable cause or suspicion or search warrant, the evidence is excluded/inadmissable from trial

Arrest Warrant

allows seizure of person

Search warrant

allows a search

SPACESHIP

Search incident to a lawful arrest

Plain view

Automobiles

Consent

Emergency/Exigent

Stop and frisk

Hot pursuit

Inventory

Property that is abandoned

Consent

A person's voluntary, unequivocal, and specific permission for a search

Factors affecting voluntariness (for consent) include custody status

the presence of police officers, location, prior police interactions, presence of friends or family, age, intelligence, use of force, enticements, and intoxication.

Plain View

Objects in plain view of an officer lawfully present can be seized and used as evidence

The ‘plain view’ rule — evidence can only be used if

the discovery was inadvertent, the officer has probable cause to believe the object is seizable, and the officer is lawfully on the premises

Abandoned Property

When a person gives up their interest in property, they lose the expectation of privacy in it. Examples include discarding contraband from a moving vehicle, denying ownership when previously seen with the item, or leaving items in a trash basket.

Emergency

if police are responding to an emergency, they can search what they see/hear/observe (e.g: gunshot)

Exigent

PO are allowed to search if they reasonably believe that evidence of a crime is about to be destroyed

Incident to Arrest

Allows a search of an individual when arresting a suspect arrest to remove weapons, prevent escape, or uncover evidence.

The search extends to the arrestee's "grab area" for weapons or evidence related to the arrest.

Automobile Exception

Due to the mobility and regulation of vehicles, police with probable cause can search the entire vehicle, including closed containers, for evidence or contraband. Once the object of the search is found, the search must stop unless more evidence is discovered.

JUST NEED REASONABLE SUSPICION (any vehicle committing a traffic infraction, like speeding, is considered reasonable suspicion)

Inventory Searches

PO are seizing person/property, they are allowed to search the premises or person (taking inventory)

Canine Assisted Searches

Police can detain luggage on reasonable suspicion of containing narcotics for a trained dog inspection. The detention must be for a reasonable time (you can’t hold someone in wait of a drug sniffing dog and you can’t have the dog sniff the suspect for an outrageous amount of time)

Blood Samples

can be taken for Vehicle and Traffic Law offenses with express or implied consent, or a court order For Penal Law offenses— consent or a court order is required.

Blood taken from an unconscious suspect can be used in related trials if charges are merged.

General rule for searches

searches need a SW based on PC

Public schools

no probable cause needed to search kids, b/c school is in loco parentis (teachers become the parents in school)

school can search so long as they have reasonable suspicion (like automobiles)

search must reasonable from start (inception) and in scope (how far the teachers perform the search)

1st amendment

congress shall make no law that prevents freedom of speech

Exceptions most often found in

public schools

Students have 1st amendment rights so long as there is no _______________ of __________

material disruption

education processes

no constitutional protection for ___________

inappropriate speech

free speech cannot commence in a school if it involves

harmful speech (e.g: promoting drug use)

Drug sniffing dogs for houses

Can’t just use one to access one- potentially abusive for the government (police can just say ‘the dog made me do it as an excuse”)

Drug sniffing dogs for cars

as long as it doesn’t prolong the detaining of the suspect (you can’t detain someone to wait for the dog to arrive at the scene)

GPS tracking devices

police officers can use them if they are permitted to do so by the judicial system, but they must follow the limitations and rules that come with judicial permission.

Thermal heat sensors

 the police cannot constitutionally utilize them to gain entry into a suspects unless there is an emergency (e.g: fire) that calls for the specific use of one. It is considered ‘lazy police work’, which the government despises. 

Phones

police, more often than not, require a warrant to search them

w/out warrant- must be reasonable in inception and in scope

Hot pursuit (H)

PO are allowed to chase a suspect if they reasonably believe them to be dangerous