Search and Seizure

• The 4th amendment protects us from illegal search and seizures

• Probable Cause: This is defined as the probability that a person committed a crime is greater than 50%

  • Spinelli v. United States: The evidence for the probable cause has to be verified and so does the source.

  • Illinois v. Gates: The court defined probable cause as specifically “a fair probability that contraband or evidence of a will be found in a particular place”. This means that there is a high chance that evidence will be found in the place where a search warrant was asked for.

Stop and Frisk

• Field Interrogations: When an officer asks questions to a civilian relating to criminal activity.

• Terry Stops: This is the detainment of a suspect relating to criminal activity, public safety, or an officer’s safety.

  • Terry v. Ohio: The officer's search was deemed reasonable by the court under the Fourth Amendment, and they could use the guns they seized as evidence against Terry.

• Frisk: This is the search of the outer layer of a person’s clothing for weapons or contraband

• Plain Feel Doctrine: An officer can take anything they believe is contraband during a legal pat down.

• Reasonable Suspicion: A suspicion that can be proved by specific facts that the police officer can justify.

  • United States v. Arizona: This established that race cannot be the only thing that describes reasonable suspicion.

  • United States v. Sokolow: This established that running away from a scene or fleeing an officer does not by itself show reasonable suspicion.

The Exclusionary Rule

• Exclusionary Rule: Any evidence that is obtained unlawfully will not be admissible in court no matter how important it may be.

• Fruit of a Poisonous Tree Doctrine: This stated that only the evidence that was unlawfully obtained would be discarded not the entire case.

• Good Faith Exception: If an officer believes that the warrant covered the place they searched, even if it didn’t, the evidence can be admissible in court.

• Inevitable discovery: This exception states that illegally obtained evidence can still be admissible if officers would have legally found it later on anyway.

The Search of Persons, Premises, & Public Places

• Search Warrant: An order from a judge authorizing the search of a place

• Knock and Announce: Police officers must knock and announce their presence before entering a house unless reasonable belief that doing so would be dangerous.

• Exigent Circumstances: These are circumstances that would not require an officer to get a search warrant. For example, if the evidence is about to be destroyed or the suspect is destroying it at the moment.

• Hot Pursuit: Refers to the search and apprehension of a fleeing suspect or any form of chase where the suspect will escape if immediate action is not taken.

• Plain View Doctrine: Evidence can be seized if the evidence is clearly seen or in “plain view” of the officer and if the officer is legally allowed to be on the premises.

• Thermal Imaging: Device that shows how much body heat is emitting from a premises

• Incident to arrest: Police can search a person during the time of their arrest and their immediate arm span.

• Pretextual Stop: When an officer stops someone for a traffic violation and then searches their entire vehicle.

• Systematic Stops: When officers create a checkpoint or roadblock to search everyone that passes through.

• Reasonable expectations of privacy: Also known as the “right to be left alone”

• Curtilage: This is the immediate area surrounding a residence

• Wiretapping: This refers to intercepting communication through a telephone connection to gather information.

Arrest

Arrest v. Stop

• Arrest: This is when an officer takes someone who is suspected of criminal activity into custody.

• Stop: An individual is not in custody and is allowed to leave at any time.

Arrest Warrant

• An arrest warrant is similar to a search warrant but there has to be more bases to the accusation although guilt does not have to be proven yet.

• An arrest can be made without a warrant if the crime has occurred in front of the officer or if there are exigent circumstances.

  • Exigent circumstances include- The suspect being armed, violent, threatening, or destroying evidence

Interrogation

• Interrogation: Questioning a suspect after an arrest, the suspect must be read their rights (Miranda rights)

• Miranda rights: These are the rights that are read to a suspect before they start an interrogation. They state all the rights that a suspect has and they are to “remind” the suspect of what they do and do not have to do.