Criminal Procedure Test No. III-SUBR

What is meant by the Particularity Requirement of the warrant?

"The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.

Incident to arrest

-A search incident to arrest may be conducted without a warrant, but it is subject to four restrictions -First, the arrest must be based on probable cause and result in custodial detention. -Second, the search must be close in time to the arrest -Third, the scope of the search must be limited The police must limit their search to (1) the person arrested and any containers discovered from that search; (2) the arrestee's immediate grabbing area; (3) a protective sweep of the premises without justification following an arrest but with reasonable suspicion leading up to the arrest; or (4) securing the premises, if they have a reasonable belief that evidence may be destroyed by someone sympathetic to the arrestee

Stop and Frisk

-A stop is a separate act from a frisk. A stop always precedes a frisk, but a stop does not give a police officer permission to conduct a frisk -In Terry, the Supreme Court ruled that in addition to the suspicion required to justify a stop, the officer must have reasonable suspicion that the person stopped is armed and dangerous in order to conduct a frisk.

Exceptions to the search warrant requirement

-Consent Searches -Plain View -incident to arrest -Exigent Circumstances -Automobile -Hot Pursuit

Particularity in an Arrest Warrant

-First, if the suspect's name is known, then simply supplying his or her name is enough to meet the particularity requirement. In some situations, however, the suspect's name is not known. -Then, a specific description of the suspect is sufficient and a "John Doe" warrant will be issued. As long as other officers may locate the suspect with reasonable effort, the suspect's name is not required.

Showing Probable Cause in a Search Warrant

-First, the officer applying for the search warrant must show probable cause that the items to be seized are connected with criminal activity. -Second, the officer must show probable cause that the items to be seized are in the location to be searched.

Four Corners Rule

-In deciding whether a warrant was validly issued, a court may only consider the information within four corners of the written affidavit used for the warrant.

Particularity

-The Fourth Amendment expressly states that warrants particularly describe the "place to be searched, and the persons or things to be seized. - the particularity requirement differs, depending on the type of warrant issued. -For an arrest warrant, the particularity requirement is easily satisfied. The particularity requirement for a search war- rant, however, is far more complex.

Showing Probable Cause in an Arrest Warrant

-The officer is not required to show probable cause that the suspect will be found at a particular location -All that is necessary is for the officer to show that the person sought may have committed the crime in question.

The "Knock and Announce' Rule

-Under common law, the police were entitled to break into a house to make an arrest after announcing their presence and their reason for being there. -The first case in which the Court addressed the constitutionality of the common-law knock-and-announce rule was Wilson v. Arkansas, 514 U.S. 927 (1995)

Exceptions to the Warrant Requirement

-searches incident to an arrest; -searches conducted under exigent circumstances; -searches involving automobiles; -searches based on the "plain view" doctrine

Seizure (4th Amendment)

A seizure of a person, within the meaning of the Fourth Amendment, occurs when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.

Automobile Exception

An exception to the warrant requirement holding that police do not need warrants to search automobiles, just probable cause.

A Neutral and Detached Magistrate

An issuing officer who is not unalterably aligned with the police or prosecutor's position in the case.

Plain View Exception

An officer does not need probable cause to seize evidence in plain view.

Components of a Warrant

I. A Neutral and Detached Magistrate. II. Probable Cause III. Particularity

Probable Cause

I. is a necessary component of a valid warrant II. the meaning of "probable cause" varies, depending on whether warrant is issued for an arrest or a search.

Consent Exception

Permits a warrantless search or seizure when the police receive consent that was voluntary, authorized and the police abide by the scope of the consent

Terry v. Ohio

Police can search and seize if they have probable cause

Reasonable suspicion vs. Probable cause

Probable cause is a higher standard of suspicion than reasonable suspicion. However, factors that contribute to establishing reasonable suspicion can also be used to establish probable cause, or it can escalate into probable cause.

Hot Pursuit Exception

exception to the warrant requirement when police chase a suspect into a home

Frisk

superficial examination by the officer of the person's body surface or clothing to discover weapons or items that could be used to cause harm. The additional step of frisking a suspect is a Fourth A

Stop

the detention of a person by a law enforcement officer for the purpose of investigation

Exigent Circumstances

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure