Criminal Procedure

What is the fourth amendment

protect a person from the government conducting an unreasonable search or seizure

what does the fourth amendment say about search & seizure?

the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures

What does fourth amendment say about warrants

no warrants shall issue unless there is probable cause supported by oath or affirmation, that particularly describes the place to be search and persons or things to be seized

What constitutes a seizure of a person?

under the totality of circumstances, a reasonable person would not feel free to decline officer’s request and terminate the encounter. Plus, a physical application of force or submission to a show of force.

what are the rules for an arrest?

it must be based on PC, warrant is not required for public arrest, warrant required for arrest in own home

What are the rules for Terry stops

state actor must have reasonable suspicion supported by articulable facts, reasonable suspicion determined by the totality of the circumstances, informer’s tips must be accompanied by indicia of reliability, police must act in diligent and reasonable manner in confirming or dispelling their suspicion

What is the basis for an automobile stop?

need reasonable suspicion law has been violated

Checkpoints standard

suspicionless stops must be based on neutral and articulable standards. They must serve purpose closely related to a particular problem relating to automobiles and their mobility

How does 4A apply to the states?

the fourth amendment is incorporated against the states by the 14th amendment due process clause

Does the defendant have standing?

look at the totality of circumstances. Did the D have a reasonable expectation of privacy or was there a physical intrusion into one’s own constitutionally protected area

what is a reasonable expectation of privacy

a person has a reasonable expectation of privacy in places they own, their home including curtilage, where they are an overnight guest

where is there no reasonable expectation of privacy

in things held out to the public, for example one’s voice or smells

Warrant requirements

Must be based on probable cause to believe that seizable evidence will be found in the place to be searched, describe with particularity the place to be searched or items to be seized. must be issued by a neutral and detached magistrate

when is a warrant invalid

if it is based on a false statement that was intentionally or recklessly included and that was material to finding of PC

Execution of warrant

default is knock and announce

exception to knock and announce

no knock entry is allowed if officer has RS that knocking and announcing would be dangerous or inhibit investigation. Evidence won’t be excluded based on failure to knock and announct