Due Process #9

Arrest Warrants and Search Warrants

Arrest?

When a person is taken into custody/seized for the purpose of holding for a criminal charge

3 scenarios police can/is restricted to arrests?

• May arrest in a public place w/o a warrant even if practicable to secure one

• Cannot arrest in the home w/o an warrant, absent any exceptions

• Cannot arrest in another person’s home w/o a search/arrest warrant

Jailable offenses

Crime that carry a jail sentence as a punishment

Non-Jailable offenses?

Offenses that carry a punishment that is NOT jail (fines, etc.)

Atwater v. Lago Vista significance?

• Warrantless search on Mother after driving w/o a seatbelt w/ kids

• Police arrests her, and is released on bond

• Can be arrested for minor offenses

• Once arrested, can search car

US v. Watson facts?

Postal inspectors arrest Watson in a restaurant for stolen credit cards; had PC but no warrant

US v. Watson holding?

In favor of US

US v. Watson reasoning?

Is constitutional because largely based on history, public places are subject for arrests in common law, but overall, they had probable cause

Payton v. NY facts?

• Two day intense investigation, established probable cause that Peyton murdered his manager two days prior, however do not have a warrant. Police break down door, no one home, but found shell casing

• Police say they were allowed to do this because there was a NY statute, law allowed them to do this

Riddick v. NY facts?

• Arrested for two armed robberies and were identified by victims, police learn address and did not have warrant for arrest (all over the span of a year), knock on door, son opens door and see Riddick seating, and found narcotics and arrested

  • Under same NY statute, arrest inside home is legal without a warrant

Holding for both Peyton and Riddick v. US?

They both won

Reasoning for both Peyton and Riddick v. US?

• For 4th amendment purposes, an arrest warrant is required for the home

• Entry to arrest in the home, 4th amendment draws line at the home; need a warrant

US v. Santana significance?

• Standing in the doorway of your home is a public place

  • ex. police come to house, knock, no arrest warrant, walk to door frame, and arrest you; legal

• MA is different 

MA case for doorways and arrests

Commonwealth v. Marquez

Steagald v. US facts?

• 12 officers have an arrest warrant for Ricky, however, they go to Steagald's house to search for the body of Ricky but do not find him, instead find 43 pounds of Steagald's cocaine. They charge Steagald w/ cocaine, convicted, moves to suppress evidence; denied

Steagald v. US holding?

In favor of Steagald

Steagald v. US reasoning?

• Arrest warrant should had included the house of where they were going to search (Steagald's house), to search for his body

• They can search the closet, bathtub/shower, under bed, cannot search microwave and silverware drawer

  • because people cannot fit there

4 requirements for search warrants?

1. Probable cause

2. Neutral and detached magistrate

3. Under oath and affirmation

4. Particularly describe what is to be searched and seized

Search warrants and the amendment?

• 4th text does not specifically state that warrants are required

• When warrants are sought, must meet certain requirements

Lo-Ji v. NY facts?

• “Adult bookstore”

• Obscenity law → officer gets warrant for two items

• Seizes more than what warrant said

  • “things to be seized” was entered after seizure

Lo-Ji v. NY holding?

In favor to Lo-Ji

Lo-Ji v. NY reasoning?

• Open-ended way that they did the search was illegal

  • Having the Town Justice is supposed to be "neutral and detached" and him being there and determining on site is not neutral nor detached

  • He did the search as well

• No probable cause because it is a blanket assertion

• Court says this type of warrant is a generalized warrant -> want to get away from

• Society is better to tolerate the adult films that Lo-Ji has rather than go back to a generalized warrant