Criminal Procedure

Warrant Exception: Consent "Apparently": officer's ___________ _________ that consenting person had the right to permit search is sufficient, even if it later turns out the person ________ _____ _________. (Illinois v. Rodriguez)

"Apparently": officer's reasonable belief that consenting person had the right to permit search is sufficient, even if it later turns out the person lacked such right. (Illinois v. Rodriguez)

Warrant Exception: Consent "Authority": consent by one occupant is __________ if co-occupant who is present, and is target of investigation, objects (Randolph). BUT if that objector is then removed for reason __________ to refusal (e.g. lawful arrest), police may search with consent of _________ occupant (Fernandez).

"Authority": consent by one occupant is insufficient if co-occupant who is present, and is target of investigation, objects (Randolph). BUT if that objector is then removed for reason unrelated to refusal (e.g. lawful arrest), police may search with consent of remaining occupant (Fernandez).

Warrant Exception: Consent "Voluntary": ____________ of the right to refuse consent is not required (Schneckloth) BUT officers false claim to have a _____________ negates possibility of voluntary consent (Bumper v. North Carolina)

"Voluntary": Knowledge of the right to refuse consent is not required (Schneckloth) BUT officers false claim to have a warrant negates possibility of voluntary consent (Bumper v. North Carolina)

DUIs in South Dakota: 2010: SD had the second-highest DUI arrest rate in the nation 2019: SD had the ________ DUI arrest rate in nation

2019: SD had the highest DUI rate in nation.

Birchfield v. North Dakota Exigency: Drunk Driving

Facts: Birchfield refused a blood test and was convicted under ND law that criminalized a drivers refusal to content to testing. Police may constitutionally conduct a breath test as part of a drunk driving arrest. The intrusiveness of a blood test however requires a warrant. Warrantless breath testing is lawful as part of a search incident to arrest for drunk driving BUT a blood test is not permissible without a warrant.

Welsh v. Wisconsin Exigency: Drunk Driving

Facts: Police arrested Welsh in his home for drunk driving. Exigent circumstances exception does NOT apply in the same manner to non-jailable misdemeanors. PC of a non-jailable misdemeanors does not give officers the right to enter a fleeing suspects home w/o a warrant to arrest the suspect to preserve evidence.

If police have probable cause to search a vehicle for something, they may search any _______ in the vehicle that might contain that thing (Acevedo).

If police have probable cause to search a vehicle for something, they may search any container in the vehicle that might contain that thing (Acevedo).

In Riley v. California the court held: The police require a warrant to search the ________ __________ ____ ___ _________ seized from an arrested person.

In Riley v. California the court held: The police require a warrant to search the digital information on a cell phone seized from an arrested person. The extensive invasion of privacy, Officer needed to get a warrant to search the phone

Warrant Exception: Protective Sweeps In addition, even if the arrest is in a home, the police may conduct a protective sweep: • they may, without a warrant or any suspicion, "look in closets and other spaces ___________ _________ the place of arrest from which an attack could be immediately launched." • And beyond that, they may conduct a cursory, warrantless sweep based on __________ _________ that the area swept harbored an individual posing a danger to the officer or others. Maryland v. Buie

In addition, even if the arrest is in a home, the police may conduct a protective sweep: • they may, without a warrant or any suspicion, "look in closets and other spaces immediately adjoining the place of arrest from which an attack could be immediately launched." • And beyond that, they may conduct a cursory, warrantless sweep based on reasonable suspicion that the area swept harbored an individual posing a danger to the officer or others. Maryland v. Buie

In light of the facts and circumstances, the officer must have a reasonable belief, based off of knowledge and reasonable trustworthy information, that the search will ________ _______ _________.

In light of the facts and circumstances, the officer must have a reasonable belief, based off of knowledge and reasonable trustworthy information, that the search will produce evidence of a crime.

In terms of knock and announce, court must determine whether no-knock raid was justified on a _______ __ _______, fact specific basis. For example: no blanket exception to the knock and announce rule for ALL drug investigations (Richards)

In terms of knock and announce, court must determine whether no-knock raid was justified on a case-by-case, fact specific basis. For example: NO blanket exception to the knock and announce rule for ALL drug investigations (Richards)

In the case of an arrest, In light of the facts and circumstances, the officer must have a reasonable belief, based off of knowledge and reasonable trustworthy information, that the arrested person ______ _ ________.

In the case of an arrest, In light of the facts and circumstances, the officer must have a reasonable belief, based off of knowledge and reasonable trustworthy information, that the arrested person committed a crime.

Historical Background for the Fourth Amendment: James Otis's argument against ______ ___ ________ (a kind of general warrant) in "Paxton's case" before Massachusetts' highest court in 1761. John Adams saw the speech and would later say: "Then and there was the first scene of the first Act of opposition to the Arbitrary claims of Great Britain. Then and there the Child Independence was born."

James Otis's argument against writs of assistance (a kind of general warrant) in "Paxton's case" before Massachusetts' highest court in 1761. John Adams saw the speech and would later say: "Then and there was the first scene of the first Act of opposition to the Arbitrary claims of Great Britain. Then and there the Child Independence was born."

Originally, the Automobile Exception, was justified by exigency rationale: automobiles are mobile, so it would be impractical to require a police officer to obtain a warrant and then return to conduct the search. Later also justified by the argument that people have a _______ _________ __ ________ in their vehicles than in their homes.

Later also justified by the argument that people have a lesser expectation of privacy in their vehicles than in their homes.

Warrant Exception -- Exigent Circumstances: Preservation of Evidence: Drunk Driving Limitation on "exigent circumstances exception: warrantless home arrest likely not justified by risk of lost evidence (e.g., dissipation of blood alcohol) if underlying offense is _________ _____. - Welsh

Limitation on "exigent circumstances exception: warrantless home arrest likely not justified by risk of lost evidence (e.g., dissipation of blood alcohol) if underlying offense is extremely minor - Welsh

Requirements for a Warrant: Must be based on _________ __________ established from facts submitted by government agent upon oath or affirmation. See "totality of the circumstances" test from Illinois v. Gates

Must be based on probable cause established from facts submitted by government agent upon oath or affirmation.

Warden v. Hayden Exigent Circumstances: Hot Pursuit

Officers, without a warrant, may enter a home in hot pursuit of a fleeing felon and also seize any evidence of the crime.

Warrant Exception -- Exigent Circumstances: Preservation of Evidence: Drunk Driving If police can _____________ obtain a __________, the 4th Amendment requires them to do so before taking a non-consensual blood alcohol content blood test - McNeely

Preservation of Evidence: Drunk Driving If police can reasonably obtain a warrant, the 4th Amendment requires them to do so before taking a non-consensual blood alcohol content blood test - McNeely Absent exigent circumstances, the Court has held that the police need a search warrant before extracting blood when the police lack the suspect's consent.

Probable cause for a search is ____________ than probable cause of an arrest.

Probable cause for a search is DIFFERENT than probable cause of an arrest.

Reasonable suspicion must be based on specific and articulable facts, ________ an inchoate and un-particularized suspicion or hunch.

Reasonable suspicion must be based on specific and articulable facts, not an inchoate and un-particularized suspicion or hunch.

Regardless of whether a warrant is required a "search" requires probable cause to believe that the search will produce evidence bearing on a ____________ __________.

Regardless of whether a warrant is required a "search" requires probable cause to believe that the search will produce evidence bearing on a criminal offense.

Regardless of whether a warrant is required an "arrest" (form of seizure) requires probable cause to believe that the seized person has ...

Regardless of whether a warrant is required an "arrest" (form of seizure) requires probable cause to believe that the seized person has committed a crime or is committing a crime.

Requirements for a Warrant: Must _________ ___________ place to be searched or person/things to be seized. The degree of precision held sufficient in Andersen. Warrant itself must provide _________ __________ on its face -- not enough if underlying affidavit describes what is to be searched/seized - Groh

Requirements for a Warrant: Must particularly describe place to be searched or person/things to be seized. The degree of precision held sufficient in Andersen. Warrant itself must provide reasonable precision on its face -- not enough if underlying affidavit describes what is to be searched/seized - Groh

Reasonable suspicion requires:

some minimal level of objective justification -- more than a mere suspicion, but less than probable cause.

A "search" under the 4th Amendment occurs if: 1. OR 2.

A "search" under the 4th Amendment occurs if: 1. a government agent violates a person's "reasonable expectation of privacy" (the Katz test) OR 2. a government agent physically trespasses on a constitutionally protected area (that is, a person, house, paper, or effect, where "house" includes the curtilage but not open fields outside the curtilage) for the purpose of obtaining incriminating evidence (Jones)

Illinois v. Lidster Checkpoints

A checkpoint is not unlawful if the primary purpose of the stop is to ask vehicle occupants for info about crimes possibly committed by others. An elderly post office worker was hit on the highway by an unknown motorist. Police set up a checkpoint a week later in the same location and time as the accident occurred. Checkpoint purpose was to find out more about the accident. Lidster almost hit officer when he swerved, officers smelt alcohol. Failed sobriety test.

City of Indianapolis v. Edmond Checkpoints

A checkpoint that its primary purpose is general crime control is unconstitutional. Purpose here was to stop people who were carrying drugs, so it was unconstitutional. IF city would have said it was to stop people who were driving while high on drugs, it would have been deemed constitutional.

Michigan Dep't of State Police v. Sitz Checkpoints

Checkpoints for sobriety are constitutional under the 4th A. Purpose is to ensure highway safety by keeping drunk drivers off the roads. Established primary purpose test

Warrant Exception -- Exigent Circumstances: Preservation of Evidence: Drunk Driving A state ______ pass a law that makes it a crime for a suspected drunk driver to refuse a blood test, but can criminalize refusal to take a breath test - Birchfield A _______ test, but not a blood test, may be administered as a warrantless search incident to a lawful arrest for drunk driving. - Birchfield

A state cannot pass a law that makes it a crime for a suspected drunk driver to refuse a blood test, but can criminalize refusal to take a breath test - Birchfield A breath test, but not a blood test, may be administered as a warrantless search incident to a lawful arrest for drunk driving. - Birchfield

Warrant Particularity Requirement Andersen v. Maryland

Anderson real estate attorney suspected of fraud regarding sale of lot 13T. Warrant authorized seizure of specific items relating to 13T and included a catch-all phrase. Anderson argued the catch-all phrase violated the 4th A's warrant requirement. SCOTUS: catch-all phrase interpreted to mean that investigators could only seize evidence related to fraud regarding 13T. So warrant satisfied the particularity requirement

List the Modalities of Constitutional Argument:

Historical Textual Doctrinal Structural Ethical Prudential

Warrant Exceptions: Ports of Entry At the border or its functional equivalent, routine searches do not require a warrant or any _______________ _______ - i.e., no PC, no RS. Ramsey; Flores-Montano Although ________ _________ requires at least reasonable suspicion of criminal activity - Montoya de Hernandez

At the border or its functional equivalent, routine searches do not require a warrant or any evidentiary basis - i.e., no PC, no RS. Ramsey; Flores-Montano Although extended detention requires at least reasonable suspicion of criminal activity - Montoya de Hernandez

BUT: hot pursuit of a fleeing ___________ suspect does not categorically qualify as exigent circumstance: "when the officer has time to get a warrant, he must do so (Lange, 2021) [Note: Regardless, still need PC that suspect committed crime]

BUT: hot pursuit of a fleeing misdemeanor suspect does not categorically qualify as exigent circumstance: "when the officer has time to get a warrant, he must do so (Lange, 2021) [Note: Regardless, still need PC that suspect committed crime]

BUT: officers in hot pursuit of a fleeing ___________ suspect may make a warrantless search and seizure to the extent necessary to prevent a felon's escape -- including pursuit into a home (Hayden)

BUT: officers in hot pursuit of a fleeing felony suspect may make a warrantless search and seizure to the extent necessary to prevent a felon's escape -- including pursuit into a home (Hayden)

Warrant Exception: Exigent Circumstances HOT PURSUIT: probable cause is sufficient to arrest a felon in a public place: no arrest warrant is required (Watson p. 425) BUT: a search warrant or arrest warrant is generally required to enter a ____ in order to make an arrest (Payton)

BUT: a search warrant or arrest warrant is generally required to enter a home in order to make an arrest (Payton)

Courts will look at ______ ______ in their jurisdiction to decide whether there was probable cause.

Courts will look at past cases in their jurisdiction to decide whether there was probable cause.

What is an example of "inhibit the effective investigation of the crime"?

Destruction of evidence

Entick v. Carrington (UK, 1975): a famous _____ _______ ruling in favor of a critical journalist, John Entick, in his trespass suit against royal officials who searched his home and seized all his papers based on a warrant issued by Lorf Halifax, who was a secretary of state, not a magistrate; in Lord Camden's judgement, Halifax lacked legal authority to issue the warrant

Entick v. Carrington (UK, 1975): a famous civil liberties ruling in favor of a critical journalist, John Entick, in his trespass suit against royal officials who searched his home and seized all his papers based on a warrant issued by Lorf Halifax, who was a secretary of state, not a magistrate; in Lord Camden's judgement, Halifax lacked legal authority to issue the warrant

Kentucky v. King Exigent Circumstances: Preserving Evidence from Destruction

Exigent circumstances exception generally applies to officer-created exigent circumstances, unless the exigency arises from unreasonable or unconstitutional conduct. Police officers who merely knock and announce their identity as police, even if in a forceful and loud manner, do not unreasonable create exigent circumstances if the people inside respond by trying to destroy evidence. Officer could unreasonably create exigent circumstances if they threatened or engaged in conduct that violates the 4th amendment. If officers demanded the occupants to open the door and let them in when they lacked a warrant.

U.S. v. Flores-Montano Ports of Entry

Expectation of privacy is less at the border. Gov't officials at border disassembled gas tank, gov't had the right to remove and put gas tank back even with no suspicion. Border officials have authority to conduct routine searches and seizures at the border without probable cause or a warrant in order to regulate the collection of duties and to prevent the introduction of contraband into this country.

Warrant Exception: Exigent Circumstances HOT PURSUIT: probable cause is sufficient to arrest a felon in a public place: no __________ __________ is required (Watson p. 425)

Warrant Exception: Exigent Circumstances HOT PURSUIT: probable cause is sufficient to arrest a felon in a public place: no arrest warrant is required (Watson p. 425)

For __________ ___________, if the suspect is not arrested there can be no SILA (Knowles v. Iowa)

For traffic violations, if the suspect is not arrested there can be no SILA. (Knowles v. Iowa)

Fourth Amendments states that no warrants shall be issued unless _________ ________ exists.

Fourth Amendments states that no warrants shall be issued unless probable cause exists.

Executing Warrants: The "Knock and Announce" Rule: Generally, knock and announce is required before entering place to execute search -- unless: Cases: Wilson v. Arkansas & Richards v. Wisconsin

Generally, knock and announce is required before entering place to execute search -- unless officers have reasonable suspicion that doing so would be dangerous or futile, or would inhibit the effective investigation of the crime

Evidentiary Standards From Highest to Lowest in terms of what is needed:

HIGHEST: Beyond a Reasonable Doubt Clear and Convincing Evidence Preponderance of the Evidence Probable Cause LOWEST: Reasonable suspicion

Warrant Exception: Checkpoints HOWEVER: police may stop cars at checkpoints WITHOUT reasonable suspicion if the primary purpose of checkpoint is ___ ________ crime control (e.g. finding narcotics) - Edmond But rather certain _______ _____ such as policing the border or ensuring roadway safety by combating drunk driving (Martinez-Fuerte, Sitz) -- or where the police are not seeking evidence that stopped drivers committed crimes - Lidster

HOWEVER: police may stop cars at checkpoints WITHOUT reasonable suspicion if the primary purpose of checkpoint is not general crime control (e.g. finding narcotics) - Edmond But rather certain special needs such as policing the border or ensuring roadway safety by combating drunk driving (Martinez-Fuerte, Sitz) -- or where the police are not seeking evidence that stopped drivers committed crimes - Lidster

U.S. v. Ramsey Ports of Entry

Heroin distributed by mail. Custom officials stopped envelopes to inspect incoming international mail when they have reasonable suspicion to inspect. Customs officials can search w/o a warrant or probable cause bc the envelopes crossed the border and entered this country. We search people who cross the border before they can enter, there is no difference between that and mail entering

Plain View Exception Arizona v. Hicks

Hicks fired a gun and officers were let into his apartment. His apartment was gross, officer noticed an expensive stereo system and thought it looked out of place. He moved the stereo to get the serial number. Court held that the Officer lacked probable cause to believe the stereo was stolen without moving it to learn the serial number and call it in. Hence, the fact that it was stolen was not in plain view, and so it could not be seized as evidence without the further "search" by moving it. In addition, the search was outside the scope of the Officer's justified search for possible victims.

Another application of the Katz "Reasonable Expectation of Privacy" test for what is a 4th Amendment Search: Open Fields Doctrine:

Open Fields Doctrine: NO REOP in "open fields" i.e., areas on property outside the curtilage, to be defined on a case-by-case basis

No reasonable expectation of privacy in a conversation with a person who is working with the police and was recording the conversation.

Over the course of more than two decades, the Court repeatedly upheld police conduct using undercover informants to collect incriminating information. It did so in White v. United States (1971), even after its decision in Katz v. United States (1967), on the basis that a person does not have a reasonable expectation of privacy in a conversation with a person who happens to be working with the police.

U.S. v. Martinez-Fuerte Ports of Entry

Permanent checkpoint 66 miles north of border. Routine checkpoints do not intrude on traffic bc people know about it. Selective referrals rather than questioning every occupants of cars advance 4th A interest bc minimizes intrusion on general motoring public. Basically made it okay to select people with only Mexican heritage to stop and search.

Plain View Exception The police may SEIZE an object without a warrant if:

Plain View Exception The police may SEIZE an object without a warrant if: • the object is in a place where the officer is lawfully present • the object is in plain view when the officer discovers it AND • the officer has probable cause to believe the object is the fruit, instrumentality, or evidence of a crime.

Warrant Exception "PEACHIS"

Plain view Exigent circumstances Automobile Consent Hop pursuit Incident to arrest Stop and frisk

Brigham City v. Stuart Exigent Circumstances: Public Safety

Police arrived after a call about a house party. They saw a fight happening inside the house, they entered without a warrant. Police can enter a home without a warrant when they believe an occupant is seriously injured or imminently threatened with injury.

Police may search a vehicle without PC, incident to a recent occupant's lawful arrest, only if (1) the arrestee is ___________ and within "reaching distance" of the passenger compartment at the time of search, OR (2) it is _________ __ ________ the vehicle contains evidence of the offense of arrest Arizona v. Gant : 2 part test

Police may search a vehicle without PC, incident to a recent occupant's lawful arrest, only if (1) the arrestee is unsecured and within "reaching distance" of the passenger compartment at the time of search, OR (2) it is reasonable to believe the vehicle contains evidence of the offense of arrest (Arizona v. Gant)

SILA =

Search Incident to a Lawful Arrest

U.S. v. Montoya de Hernandez Ports of Entry

Seizure took place at int'l border, which makes 4th A's balance of reasonableness different than in the interior. The detention of a traveler at the border, beyond the scope of a routine customs search and inspection is justified at its inception if custom agents, considering all facts surrounding the traveler and her trip, reasonably suspect that the traveler is smuggling contraband in her alimentary canal.

Warrant Exception: Checkpoints Stopping a vehicle is a _______, like a Terry stop, and thus generally requires at least __________ _________ of illegality.

Stopping a vehicle is a seizure, like a Terry stop, and thus generally requires at least reasonable suspicion of illegality.

Warrantless Exception: Checkpoints Suspicion less stops at checkpoints must be carried out on the basis of some _______, ___________ standard. Delaware v. Prouse

Suspicion less stops at checkpoints must be carried out on the basis of some neutral, articulable standard.

The Automobile Exception: The police may search an automobile without a warrant if they have ___________ __________ to believe it contains contraband or fruits, instrumentalities, or evidence of a crime. Case that established this exception:

The Automobile Exception: The police may search an automobile without a warrant if they have probable cause to believe it contains contraband or fruits, instrumentalities, or evidence of a crime. Case that established this exception: Carroll v. United States (1925)

Limiting the Third Party Doctrine in the Digital Age: REOP in long-term historical CLSI (cell phone history & info) -- even though shared with cell service provider. The first ever narrowing of the third-party doctrine in response to the digital age (Carpenter)

The Court has held that long term GPS monitoring in investigating an individual impinges on that individual's reasonable expectations of privacy. The court should grant the motion. Correct. United States v. Jones (2012) left open this question but the Court found similar extensive data collection to be a search in Carpenter v. United States

The Court in Knotts ruled: The use of a ________ to track an automobile on public roads is not a search, because there is NO Reasonable Expectation of Privacy in movements on public highways from one place to another.

The Court in Knotts ruled: The use of a beeper to track an automobile on public roads is not a search, because there is NO Reasonable Expectation of Privacy in movements on public highways from one place to another.

The Court in Kyllo ruled: The use of a ________ ___________ on a home from outside the curtilage constitutes a search.

The Court in Kyllo ruled: The use of a thermal imager on a home from outside the curtilage constitutes a search.

The Court in Smith v. Maryland ruled: The use of a ____ _____ is NOT a search, because there is NO reasonable expectation of privacy regarding numbers dialed on the telephone -- because the information is conveyed to a telephone company.

The Court in Smith v. Maryland ruled: The use of a pen register is NOT a search, because there is NO reasonable expectation of privacy regarding numbers dialed on the telephone -- because the information is conveyed to a telephone company.

The Open Fields Doctrine = no REOP in "open fields" i.e., areas on property outside the curtilage, to be defined on a case by case basis by considering four factors:

The Open Fields Doctrine = no REOP in "open fields" i.e., areas on property outside the curtilage, to be defined on a case by case basis by considering four factors: 1. Proximity of the area to the home 2. whether the area included in enclosure surrounding the home 3. nature of uses to which the area is put 4. other steps to protect area from observation by passers-by

The Use of Narcotics Dogs: Sniff by narcotics dog of a car during a traffic is _____ considered a search.

The Use of Narcotics Dogs: Sniff by narcotics dog of a car during a traffic is NOT considered a search.

The court will never give a ________ of how probable something should be to be deemed probable cause.

The court will never give a percentage of how probable something should be to be deemed probable cause.

Missouri v. McNeely Exigency: Drunk Driving

The natural dissipation of alcohol in the body does not constitute a per se exigency, so taking a blood sample without a warrant automatically justified

Warrant Exception: Protective Sweeps Maryland v. Buie

The police may conduct a protective sweep of areas of the home beyond the immediate area of the suspect's arrest if they have articulable suspicion that someone else may present a risk of harm.

Illinois v. Gates established what test?

The totality of the circumstances test

Jones v. United States

The warrantless placement of a GPS tracking device on the undercarriage of an individual's vehicle in order to track the person's movements on public streets constitutes an unlawful search in violation of the Fourth Amendment. In United States v. Jones (2012), the Court did not reach the question posed by the fact pattern. Instead, where officers engaged in a trespass, the Court found a violation of the Fourth Amendment. While five justices indicated that, even without the physical intrusion, the police conduct amounted to a violation of one's reasonable expectations of privacy, the emphasis was on long-term tracking. Here, there is no trespass and no long-term tracking.

The Court in Greenwood ruled: There is NO reasonable expectation of privacy regarding _______ left for collection in an area accessible to the public, outside the curtilage of a home.

There is no reasonable expectation of privacy regarding trash left for collection in an area accessible to the public, outside the curtilage of a home.

Why SILA is a thing:

To protect the officers To keep evidence from being destroyed

T/F: In Floride v. Riley, It is NOT a search to view a partially covered greenhouse from low-flying (400 feet) helicopter.

True

T/F: It is NOT a search to view land with the naked eye from an airplane in public airspace.

True Ciraolo Ruling

United States v. Knotts

United States v. Knotts (1983), where the Court found that the police conduct that tracks a person's movements on public highways, which any member of the public could do, did not amount to a search. it is not a search to use a tracker to observe movements on public roadways if the police do not trespass on a person's property in installing the device. By moving on the public roadways, the supplier assumed the risk that police would be able to track those movements.

Warrant Exception: Consent No violation of Fourth Amendment to search without a warrant or probable cause if police receive ___________ consent from the person who __________ has the _________ to offer it.

Warrant Exception: Consent No violation of Fourth Amendment to search without a warrant or probable cause if police receive voluntary consent from the person who apparently has the authority to offer it.

Warrant Exception: Exigent Circumstances COMMUNITY CARETAKER EXCEPTION: in an emergency, officers may make a warrantless entry of a home to assist an injured occupant or protect an occupant from imminent injury if they have an _________ _______ ____ ___ ____________ that a person in the home is in need of immediate aid, or that persons were in danger. (Stuart, Fisher)

Warrant Exception: Exigent Circumstances COMMUNITY CARETAKER EXCEPTION: in an emergency, officers may make a warrantless entry of a home to assist an injured occupant or protect an occupant from imminent injury if they have an objectively reasonable basis for believing that a person in the home is in need of immediate aid, or that persons were in danger. (Stuart, Fisher)

Warrant Exception: Exigent Circumstances PRESERVATION OF EVIDENCE: Officers may also make a warrantless entry entry of a home to prevent the destruction of evidence -- even if the officers ________ the exigency by knocking -- as long as their creation of the exigency did not involve an actual or threatened 4th Amendment violation (King) Note: even if warrant exception applies, still need PC that evidence of crime will be found in home.

Warrant Exception: Exigent Circumstances PRESERVATION OF EVIDENCE: Officers may also make a warrantless entry entry of a home to prevent the destruction of evidence -- even if the officers caused the exigency by knocking -- as long as their creation of the exigency did not involve an actual or threatened 4th Amendment violation (King)

Michigan v. Fisher Exigent Circumstances: Public Safety

Warrantless entry into a residence is justified if officers have an objectively reasonable basis for believing that someone in the residence needs immediate aid. Exigency justifying warrantless entry: if officers need to provide emergency medical assistance to a seriously injured person or if officers need to protect someone who's in imminent danger of serious injury. Focus on whether there was an objectively reasonable basis for believing someone in the home needed medical assistance or face immediate danger

Requirements for a Warrant: Warrant must be issued by a ___________ and ____________ ______________. Not, for example, by the state attorney general - Coolidge v. New Hampshire

Warrants must be issued by a neutral and detached magistrate

When determining if EC exists, courts look at the _________ __ _____________ and it must decided on a case by case basis.

When determining if EC exists, courts look at the totality of the circumstances and it must decided on a case by case basis.

Warrant Exception: Protective Sweeps

When the police lawfully arrest someone, the police do not require a warrant or any suspicion to search (1) the arrested person and (2) the area within the arrestee's immediate control (lunging area)

When the police lawfully arrest someone, the police do not require a warrant or any suspicion to search: (1) (2) (Chimel)

When the police lawfully arrest someone, the police do not require a warrant or any suspicion to search: (1) the arrested person and (2) the area within the arrestee's immediate control (the lunging area) -- BUT a warrant is required to search beyond that.

Whether a checkpoint is constitutional depends on the _________ _________.

Whether a checkpoint is constitutional depends on the primary purpose.

What is the Katz test?

Whether a person had a reasonable expectation of privacy, if they did and a government agent violated it, it is a violation of the 4th Amendment.

Payton v. New York Exigent Circumstances: Hot Pursuit

Without a warrant or an exception to the warrant requirement, such as exigent circumstances, officers may not enter a suspect's home to make an arrest.

The Fourth Amendment ONLY applies if a government agent carries out:

a search or a seizure

Illinois v. Gates

totality of the circumstances test, taken piecemeal, the evidence may not amount to probable cause, but if taken together as a whole the evidence achieves that level, the legal standard of proof for the search has been met