4th amendment part 1

What is the general 4th amendment rule (what is needed for a search or seize)

• Warrant

• Probable Cause

• Act of rationale/reason

Who determines if a search or seizure is reasonable?

Government

What are elements of seizure of an object?

• Government

• Interference (meaningful)

• Possessing Interest

What are elements of seizure of a person?

• Government

• Interference w/ freedom of movement

• Reasonable person unable to feel free to leave.

Zero or no suspicion (consensual encounters)

• Merely absent of suspicion

• Ex. Approaching individual other than target to get information

Some or mere suspicion

• Gut Feelings

• Must be supported by articulate facts, but doesn’t raise a level of reasonable suspicion

• ex. police officer feeling a person is ‘shifty’ based on a vague hunch

Reasonable Suspicion

• Suspicion grounded on articulate facts

• when facts are gathered together, one would lead to suspect one is engaging in unlawful activity

• Ex. One becoming nervous and unable to answer simple questions, like ties to community, when questioned by police.

• Temporary seizure would be lawful at this point

Probable Cause

• Belief caused by collection of facts and circumstances from a trustworthy source making it sufficient to issue a warrant on someone who has committed a crime or that evidence can be seized

Elements of a sensual encounter

• Public Place

• Identify as LEO

• Asking Questions

• Ask for, Examine, Return documents

What are elements of a non-consensual encounter

• Threatening presence of multiple officers

• Pulling out a weapon

• Physical touching

• Tone of language/voice

Temporary Seizure (Terry Stops; investigative detentions)

• Temporary Seizure of an object or person to investigate suspicion or unlawful activity.

• An example of a Terry stop is when a police officer stops someone in a known drug area for suspicious behavior, like exchanging an item, and has a reasonable belief they may be armed.

What is the scope of Terry Stops

• Brief: Must act with due diligence to solve suspicion. Is agent making best effort to resolve suspicion w/ least intrusive means?

• Investigative: Figure out if right or wrong.

• Inquire: Use the least intrusive means necessary to confirm or dispel suspicion regarding criminal activity.

Temporary Seizure (zero/no suspicion)

• temporarily seize persons and objects with Zero Suspicion

• Very limited under 4th amendment

Scope of zero suspicion

• Search warrant: temporarily seizing to prevent flight if incriminating evidence is found

• ex. Border officers detaining anyone arriving from foreign countries to determine citizenship and admissibility or cops conducting DUI checkpoints to deter drunk or unlicensed driving.