SOC131 EXAM #3

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES The Supreme Court held that a lockbox or other container within a vehicle ________ be searched without a warrant unless...

Cannot; Unless there exists separate probable cause to believe contraband is hidden within them.

4th Amendment Checklist: 4a.) THE EXCLUSIONARY RULE What is the ultimate question of the 4th amendment?

Can the evidence be used in court?

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST The justification for searches of arrestees emerged in the Supreme Court's decision in...

Chimel v. California (1969).

The Fourteenth Amendment provides...

a right to due process of law as well as the right to equal protection of the laws.

Q: According to the lecture and text, a government official's examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy is called: a. Search b. Seizure c. Arrest d. Consent e. Reasonable suspicion

a. Search

Q: Which of the following statements would best describe a "reasonable expectation of privacy": a. The objective standard developed by courts for determining whether a government intrusion into a person or property violates the Fourth Amendment because the intrusion interferes with society's understanding of what constitutes "privacy." b. The subjective standard that describes situations in which police officers use their authority to deprive people of their liberty or property according to the Fifth Amendment. c. The subjective standard developed by courts for determining whether a person's belief that his or her individual interests should be protected from a search is reasonable. d. The doctrine of legal guilt e. The idea that private law is the law of a free society

a. The objective standard developed by courts for determining whether a government intrusion into a person or property violates the Fourth Amendment because the intrusion interferes with society's understanding of what constitutes "privacy."

Q: According to the lecture, the open-fields doctrine (also open-field doctrine or open-fields rule) is the legal doctrine that a warrantless search of the area outside a property owner's curtilage does not violate the Fourth Amendment to the United States Constitution. a. True b. False

a. True

Q: According to the text, when police officers examine people's property without violating reasonable expectations of privacy (for example, just seeing a marijuana plant in the front window of a home from a public sidewalk), no search has occurred. a. True b. False

a. True

Q: In general, evidence acquired in violation of the Fourth Amendment [and others] cannot be used in court. a. True b. False

a. True

REVIEW QUESTION: The "plain view" doctrine is a recognized exception to the warrant requirements of the Fourth Amendment. a. True b. False

a. True

4th Amendment Checklist: 3.) PLAIN VIEW Police can see what is in open areas, including _________ _________.

private property

4th Amendment Checklist: 3.) PLAIN VIEW Requires...

probable cause and legal presence in the place where the evidence is seen or seized.

4th Amendment Checklist: 3.) CONSENT If people consent to a search, officers do not need __________ __________ or any other __________ of __________

probable cause or any other level of suspicion

The Sixth Amendment includes...

the right to counsel, the right to a speedy and public trial, and the right to an impartial jury.

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES Only specific factors creating ____________ ____________ or ____________ ____________ justify officers in doing anything more than looking inside the vehicle.

reasonable suspicion or probable cause

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES Police officers have significant authority to...

search automobiles and to issue commands to people riding in vehicles.

4th Amendment Checklist: 1b.) The problem of "surreptitious sampling":

"There is no subjective expectation of privacy in discarded genetic material, just as there is no subjective expectation of privacy in fingerprints or footprints left in a public place," (Washington State's Supreme Court)

4th Amendment Checklist: 3.) REVIEW QUESTION: What is an exigent circumstance?

An urgent situation in which evidence might be destroyed, a suspect might escape, or the public would be endangered if police took the time to seek a warrant for a search or an arrest.

4th Amendment Checklist: 2.) 4.) The warrant must describe the person or items to be seized

For example, if a warrant authorizes a search for a person suspected of robbery, the officers should not open small dresser drawers or other places a person could not be hiding.

4th Amendment Checklist: 3.) CONSENT Do police have to inform people about their right to say, "no"?

No

4th Amendment Checklist: 3.) PLAIN VIEW Plain ______ is not plain ______.

Sight; View

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) In the Terry case...

a plainclothes detective in downtown Cleveland observed men walking back and forth to look in the window of a store and then conferring with each other. He suspected that they might be preparing to rob the store. He approached the men, identified himself as a police officer, patted down their clothing, and found unlicensed handguns on two individuals. Those individuals challenged the legality of the search.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Probable Cause:

"A reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true." Reliable information indicating that it is more than likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime. Mere suspicion cannot constitute probable cause, yet the level of evidence to establish probable cause need not fulfill the high level of proof "beyond a reasonable doubt" required to justify a criminal conviction. In essence, probable cause is a level of evidence sufficient to provide a reasonable conclusion that the proposed objects of a search will be found in a location that law enforcement officers request to search. For an arrest warrant, the essential issue is whether sufficient evidence is presented to lead to the reasonable conclusion that a specific person should be prosecuted for a criminal offense. There is no hard-and-fast definition of probable cause that can be applied to every situation. It is a flexible concept that various judicial officers apply differently. All arrests must be supported by probable cause

REVIEW QUESTION: What are the main exceptions to the exclusionary rule?

"Good faith" exceptions in warrant situations; cases in which evidence would have been discovered by the police anyway ("inevitable discovery" rule).

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST Chimel v. California (1969):

**Supreme Court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested. This ruling stated that searches are lawful when the officers need to be sure that the arrestee does not have a weapon that could endanger the officers or others in the vicinity. They must look for evidence that might be destroyed or damaged by the arrestee before or during the process of transporting the individual to jail. Hence, officers are permitted to search the arrestee and the immediate area around the arrestee. Officers can also make a protective sweep through other rooms where the suspect may recently have been. - However, the arrest would not justify opening drawers and conducting a thorough search of an entire house. If, after the arrest, officers have probable cause to conduct a more thorough search, they must obtain a warrant that specifies the times that they seek and the places where they will search.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Terry v. Ohio (1968): - ________ ________ observed - ________ ________ - Person may be...

- "Unusual" conduct observed - Reasonable suspicion - Person may be armed and dangerous

4th Amendment Checklist: 4a.) THE EXCLUSIONARY RULE - Fruit of the Poisonous Tree: - (_________ to exclusionary rule)

- A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit." Mandatory exclusion extends to fruits of the poisonous tree - Extension

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST - Officer's or others _________ - _________ of _________ - Officers can search the _________ and the...

- Officer's or others' safety - Preservation of evidence - Officers can search the arrestee and the immediate area around the arrestee (Car: Within reach of arrestee)

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES - Inventory search - This means that...

- Permissible warrantless search of a vehicle that has been "impounded" - meaning that is it in police custody - so that police can make a record of the items contained in the vehicle. - This means that containers found within the course of the inventory search may also be opened and searched when the examination of such containers is consistent with a police department's inventory policies.

4th Amendment Checklist: 3.) CONSENT 1st Requirement: Consent must be voluntary

- Police officers may not use coercion or threats to obtain consent. - Gaining consent by using certain tricks, such as dishonestly telling someone that there is a search warrant and thereby implying that the person has no choice but to consent, will result in the search being declared improper.

4th Amendment Checklist: 3.) CONSENT 2nd Requirement: Consent must be given by someone who possesses the authority to give consent.

- Someone cannot, for example, consent to have a neighbor's house searched. - The resident in a dwelling must be the one to consent to a search of that dwelling. - A controversial Supreme Court decision said that the police may not search when one resident of a dwelling is present and objects, even if another resident consents to the search. - In some circumstances, a permissible search may occur if the officers reasonably believe that they have been given permission to search by someone who possesses such authority even if, for example, it later turns out that the person is a former rather than a current resident of the apartment searched.

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES - Immediate _________ to _________ _________ or risk that _________ will be _________ (including Hot Pursuit) - "The exigent circumstances rule applies when the police do not...

- Threat; public safety; evidence; destroyed - create the exigency by engaging in or threatening to engage in conduct that violates the Fourth Amendment."

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) State of WI v Meddaugh:

- Wisconsin Court of Appeals (State of Wisconsin vs. Jere Meddaugh) - "Based on events that occurred following the stop, Meddaugh was arrested and ultimately convicted. We agree with Meddaugh that the State failed to show that the investigatory stop was supported by reasonable suspicion. Accordingly, we reverse the judgment and the court's denial of the suppression motion." → Black clothing & the flashing light → No evidence suggesting that Meddaugh was not allowed to cross the school yard → No violation of a traffic law → No violation of Safer at Home → No evidence suggesting that the time of day (12:40 am) in these circumstances could add to the reasonable suspicion → No need to stop when no suspicion, not stopping not causing creating suspicion

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES - Similarly, exigent circumstances can justify the warrantless entry into a home or other building and... - The unanimous decision is that "law enforcement officers may enter a home without a warrant to render...

- an accompanying search that flows from the officers' response to the urgent situation. - emergency assistance to an injured occupant or to protect an occupant from imminent injury."

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES - Exigent circumstances require... - For as long as it is ________________________, exigent circumstances are not given. - However, courts do not recognize this exception when...

- an immediate threat to public safety or the risk that evidence will be destroyed. - feasible to acquire a search warrant - officers caused the exigency

4th Amendment Checklist: 3.) SPECIAL NEEDS BEYOND THE NORMAL PURPOSES OF LAW ENFORCEMENT - The Supreme Court has not given... - For example, the Court forbids... - Officers must have... - The Court has also ruled that a city cannot set up a checkpoint in order to...

- blanket approval for every kind of checkpoint or traffic stop that police might wish to sue. - random stops of vehicles by officers on patrol - a basis for a vehicle stop, such as an observed violation of traffic laws. - check drivers and passengers for possible involvement in drugs or other crimes.

4th Amendment Checklist: 3.) SPECIAL NEEDS BEYOND THE NORMAL PURPOSES OF LAW ENFORCEMENT - The special needs of law enforcement at borders and airports provide authority for warrantless searches based on... - The need to...

- decisions of the officers looking for suspicious behavior. - protect public safety and national security justifies these searches.

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES With respect to arrests, for example, when officers are in ______ ________ of a fleeing suspected felon, they need not stop to seek a warrant and thereby...

- hot pursuit - risk permitting the suspect to get away

4th Amendment Checklist: 2.) - An intrusion into a private space can be justified if it is based on a __________ __________ __________ or an __________ to the __________ __________.

- legitimate search warrant; exception to the warrant requirement

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES - Police officers can use the exigent circumstances justification for warrantless searches for the purpose of _________ _________. - To justify such searches, they do not need to show that there was... - As a practical matter, police officers make quick judgments about _________ _________ _________. - If incriminating evidence is discovered, courts may be asked after the fact to determine whether...

- seeking evidence - a potential threat to public safety. - undertaking certain searches. - the urgency of the situation justified a warrantless search and whether the nature and purpose of the search were reasonable.

4th Amendment Checklist: 3.) SPECIAL NEEDS BEYOND THE NORMAL PURPOSES OF LAW ENFORCEMENT 1.) Sobriety Checkpoints - Supreme Court: "_______________ _______________ interest" - Impact on...

- substantial government - drivers' rights negligible

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES - Cars are special because... Three doctrines allowing searches without warrant:

- they can drive away 1.) Carroll (1925): Reasonable suspicion that vehicle contains contraband 2.) Incident to arrest 3.) Inventory Searches of lawfully impounded vehicles

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES - The "automobile exception" is an exception to... - Under the exception, a vehicle may be searched without a warrant when...

- to the general requirement of a warrant for searches and seizures under the Fourth Amendment. - evidence or contraband may possibly be removed from the scene due to the mobility of a vehicle such that it is not practical to secure a warrant without jeopardizing the potential evidence.

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST - In a traffic stop, because officers possess the authority to make arrests for minor offenses, including acts that would normally only be subject to traffic citations, officers have opportunities to... - However, the search of the passenger compartment must be limited to...

- use arrests of drivers as a basis for conducting warrantless searches of automobiles. - areas within reach of the arrestee.

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES - Police officers are free to make a... - They also can look at the...

- visible inspection of a car's interior by shining a flashlight inside and looking through the window. - vehicle identification number of the dashboard and inside the door of a validly stopped vehicle.

4th Amendment Checklist: 3.) PLAIN VIEW TIP: A simple formula to follow is:

1.) Bring up the potential exception and state it in the conditional ["...could fall under the plain view exception, etc."] 2.) Describe the requirements ["the plain view exception requires: lawful presence, probable cause, etc." and now. 3.) Apply the facts of the case under each element ["The officer entered without consent and as a result did not have lawful presence."]

4th Amendment Checklist: 3.) CONSENT What are the requirements of consent needed for a search?

1.) Consent must be voluntary 2.) Person who consents must have authority to waive the right

4th Amendment Checklist: 2.) What are the 4 characteristics of a valid search warrant? (Must have ALL 4!)

1.) Existence of probable cause 2.) Evidence must be presented to the judicial officer and be supported by "oath or affirmation" 3.) Must describe the specific place to be searched 4.) The warrant must describe the person or items to be seized

4th Amendment Checklist: 4a.) EXCEPTIONS TO THE EXCLUSIONARY RULE 2 Exceptions

1.) Good Faith Exception 2.) Inevitable Discovery Rule

4th Amendment Checklist: 1.) 3 Spheres of Protection under the Fourth Amendment

1.) No reasonable Expectations of Privacy → No Search 2.) Expectation of Privacy →Warrant Necessary 3.) Exceptions to Warrant Requirement

4th Amendment Checklist: 3.) PLAIN VIEW 3 requirements, all occurring simultaneously:

1.) Officers already has lawful presence 2.)Item is observed in plain view [extends to all senses] 3.) Officer immediately recognizes the item as evidence or contraband [=probable cause] without making further intrusions

4th Amendment Checklist: 3.) SPECIAL NEEDS BEYOND THE NORMAL PURPOSES OF LAW ENFORCEMENT 3 Cases

1.) Sobriety Checkpoints 2.) Border Searches 3.) Airport security

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES Two key questions arise in automobile searches:

1.) When can officers stop a car? AND 2.) How extensively can they search the vehicle?

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) In the Terry decision, the Court specifies the following criteria, all of which must be present, to define a legal stop and frisk: We merely hold today that...

1.) Where a police officer observes unusual conduct 2.) Which leads him reasonably to conclude in light of his experience 3.) That criminal activity may be afoot and 4.) That the persons with whom he is dealing may be armed and presently dangerous, 5.) Where in the course of investigating this behavior 6.) He identifies himself as a policeman and makes reasonable inquiries, 7.) And where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, 8.) He is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES Kentucky v King holding:

A decision by the US Supreme Court, which held that warrantless searches conducted in police-created exigent circumstances do not violate the Fourth Amendment as long as the police did not create the exigency by violating or threatening to violate the Fourth Amendment. The Supreme Court decided a case concerning police officers who followed a drug suspect into an apartment building and then smelled marijuana outside one apartment while hearing sounds that they believed could be the destruction of evidence. The Court ruled that the officers could legally kick in the door and enter the apartment, based on exigent circumstances, even though it turned out that it was not the apartment that their drug suspect had entered.

4th Amendment Checklist: 3.) CONSENT Consent search:

A permissible warrantless search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Exclusionary rule during a frisk search:

A suspect who is found to be carrying drugs or a weapon can seek to have the evidence excluded from use in court if the stop and frisk was not justified by proper observations and reasonable suspicion.

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES _________ _________ _________ can make traffic stops, even if they are in unmarked vehicles and serving in special vice or detective bureaus that do not normally handle traffic offenses

All sworn officers

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST The Supreme Court ___________ a state law that required taking a DNA sample using a cheek swab from those arrested for serious felonies in order to check databases to see if they might be guilty of other unsolved violent crimes, such as rape or murder, for which DNA evidence had been collected.

Approved

4th Amendment Checklist: 3.) REVIEW QUESTION: Searches are considered "reasonable" and may be conducted without warrants in specific circumstances. Which of the following always constitutes special circumstances?

Border and airports

4th Amendment Checklist: 1.) What is curtilage?

Curtilage includes the area immediately surrounding a dwelling, and it counts as part of the home for many legal purposes, including searches and many self-defense laws. When considering whether something is in a dwelling's curtilage, courts consider four factors: 1.) The proximity of the thing to the dwelling. 2.) Whether the thing is within an enclosure surrounding the home. 3.) What the thing is used for. 4.) What steps, if any, the resident took to protect the thing from observation/access by people passing by. In the context of criminal procedure, courts generally call any part of the property surrounding a dwelling that is not part of the curtilage an "open field." The open field/curtilage differentiation is important because, while a warrant is required to search the curtilage, officers are allowed to make a warrantless search of an open field.

4th Amendment Checklist: 4a.) EXCEPTIONS TO THE EXCLUSIONARY RULE 2.) Inevitable Discovery Rule

Evidence can be admitted if evidence otherwise would have been inevitably discovered without illegal conduct by the police. Supreme Court ruling that improperly obtained evidence can be used if it would inevitably have been discovered by the police.

4th Amendment Checklist: 2.) The most important exceptions are:

Exigent Circumstances, search incident to a lawful arrest, consent, automobile exception, plain view, inventory searches, special needs, and stop and frisk.

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST Arizona v. Gant holding:

Gant was convicted and sentenced to three years in prison. Gant appealed, and the Arizona Court of Appeals reversed the conviction, ruling the search unconstitutional. The court found that exceptions to the Fourth Amendment warrant requirement must be justified by concerns for officer safety or evidence preservation.

4th Amendment Checklist: 1a.) The 4th Amendment only applies if the Search or Seizure is executed by the...

Government

Dorm rights =

House rights

4th Amendment Checklist: 3.) CONSENT How is consent an exception to the warrant requirement?

If people consent to a search, officers do not need probable cause or even any level of suspicion to justify the search. Consent effectively absolves law enforcement officers of any risk that evidence will be excluded from use at trial or that they will be found liable in a civil lawsuit alleging a violation of Fourth Amendment rights.

4th Amendment Checklist: 4a.) EXCEPTIONS TO THE EXCLUSIONARY RULE 1.) Good Faith Exception

If police carry out an otherwise illegal search based on erroneous information obtained through good faith, the search is legal Exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate or a consent to search by someone who lacked authority to give such permission. Good faith means that the officers acted with the honest belief that they were following the proper rules, but the judge issued the warrant improperly. In addition, the reliance on the warrant and the honest belief that they were acting correctly must be reasonable.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Reasonable suspicion:

Less than probable cause, more than an "inchoate and unparticularized suspicion or 'hunch' it must be based on "specific and articulable facts," "taken together with rational inferences from those facts" A police officer's belief, based on articulable facts that would be recognized by others in a similar situation, that criminal activity is afoot and necessitates further investigation that will intrude on an individual's reasonable expectation of privacy.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Stop-and-frisk search:

Limited search approved by the Supreme Court in Terry v. Ohio, which permits police officers to pat down the clothing of people on the street if there is reasonable suspicion of dangerous criminal activity.

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES ________ level of _______ than would be reasonably expected to have

Lower; Privacy

4th Amendment Checklist: 4a.) THE EXCLUSIONARY RULE Origins of the exclusionary rule?

Mapp v. Ohio, 367 U.S. 643 (1961) - Cleveland landlord's property searched; obscene materials owned by tenant seized Court: Search was unreasonable and therefore illegal Ruling: "We hold that all evidence obtained by searches and seizures in violation of the Constitution is... inadmissible in a state court." "[W]e can no longer permit it [the Fourth Amendment right to privacy] to be revocable at the whim of any police officer who, in the name of law enforcement itself, chooses to suspend its enjoyment."

4th Amendment Checklist: 3.) PLAIN VIEW:

Officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be

4th Amendment Checklist: 2.) What are the three ways police can gain lawful presence?

Only three ways to into a home (to gain lawful presence): 1.) Consent 2.) Warrant 3.) Exigency The officer's observation does provide the probable cause necessary to obtain a search warrant, but as with any other residence entry, probable cause without a warrant, exigency or consent will not justify an entry.

4th Amendment Checklist: 1b.) Reasonable Expectation of Privacy Example

Personal journal in a locked drawer in one's bedroom in one's home.

4th Amendment Checklist: 4a.) THE EXCLUSIONARY RULE What is the purpose of the exclusionary rule?

Police → Deter police misconduct Court →Maintaining integrity of trial court Impact →Inadmissible evidence will be suppressed at trial

What is a search? What is the important language in this definition?

Search: Government official's examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy *reasonable expectations of privacy*

What is a seizure?

Seizure: Situations in which police officers use their authority to deprive people of their liberty of property and which must not be "unreasonable" according to the Fourth Amendment (p. 181) - One form of seizure: arrest, which involves taking a suspect into custody - Property can also be subject to seizure, especially if it is evidence in a criminal case - Stop

REVIEW QUESTION: A procedure that permitted evidence to be submitted in federal court by federal officers, even though it was illegally seized by state law enforcement officers is know as the _____________.

Silver platter doctrine

4th Amendment Checklist: 1b.) What are the two portions of reasonable expectation of privacy?

TIP: See that there are two elements to the REP test: Subjective (does an individual show an interest in privacy) and objective (does society normally protect these spaces and expectations of privacy attached to spaces). The Reasonable Expectation of Privacy Test: 1.) An individual has exhibited an actual (subjective) expectation of privacy 2.) The expectation is one that society is prepared to recognize as reasonable If both of these requirements have been met, and the government has taken an action which violates this "expectation," then the government's action has violated the individual's Fourth Amendment rights.

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES Carroll v. United States (1925)

The Carroll case, in which the warrantless search was approved, provided an underlying justification for permitting such searches of automobiles: - In essence, because cars are mobile, they differ greatly from houses and other buildings. — Automobiles can be driven away and disappear in the time that it would take for police to ask a judicial officer for a search warrant.

What is the fourth amendment?

The Fourth Amendment provides protection against unreasonable searches and seizures. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized. Effects = personal belongings/stuff

4th Amendment Checklist: 2.) Affidavit:

The written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirement of probable cause for obtaining a warrant

4th Amendment Checklist: 2.) 1.) Existence of probable cause

This requirement may be fulfilled by present an Affidavit: The written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirement of probable cause for obtaining a warrant - from the police officers

Self-incrimination

The act of exposing oneself to prosecution by being pressured to respond to questions when the answers may reveal that one has committed a crime. The Fifth Amendment protects defendants against compelled self-incrimination.

4th Amendment Checklist: 4a.) THE EXCLUSIONARY RULE Exception to Fruit of the Poisonous Tree:

The attenuation exception, which permits the use of evidence discovered through the government's misconduct if the connection between the misconduct and the discovery of the evidence is sufficiently weak.

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST:

The authority to undertake a warrantless search incident to a lawful arrest is not limited by the type of crime for which the arrestee has been taken into custody. Even someone arrested for a traffic offense can be searched. Although there is not reason to suspect the person has a weapon or to believe that evidence related to the offense will be found in the person's pockets, the arrestee is subject to the same arrest-scene search as someone taken into custody for murder. However, the search must focus on weapons and the potential destruction of evidence and cannot be a curiosity-based exploration of a driver's cell phone

REVIEW QUESTION: Why was the exclusionary rule created and eventually applied to the states?

The exclusionary rule was created to deter officers from violating people's rights, and the Supreme Court considers it an essential component of the Fourth and Fifth Amendments.

4th Amendment Checklist: 4a.) THE EXCLUSIONARY RULE Mapp v Ohio holding:

The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts.

4th Amendment Checklist: 1.) What is the open fields doctrine?

The legal doctrine that a warrantless search of the area outside a property owner's curtilage does not violate the Fourth Amendment to the United States Constitution.

4th Amendment Checklist: 1b.) Reasonable Expectation of Privacy:

The objective standard developed by courts for determining whether a government intrusion into an individual's person or property constitutes a search because it interferes with the individual's interests that are normally protected from government examination The objective standard developed by courts for determining whether a government intrusion into a person or property violates the Fourth Amendment because the intrusion interferes with society's understanding of what constitutes "privacy."

4th Amendment Checklist: 4a.) THE EXCLUSIONARY RULE:

The principle that illegally obtained evidence must be excluded from trial Evidence acquired in violation of Fourth Amendment [and others] cannot be used in court.

REVIEW QUESTION: What are the criticisms of the exclusionary rule?

The rule is criticized for hampering police investigations and permitting some guilty people to go free.

4th Amendment Checklist: 3.) REVIEW QUESTION: Although Miranda v. Arizona requires officers to inform suspects of specific rights before custodial questioning, the Supreme Court has created various expectations to this requirement. True or False?

True

4th Amendment Checklist: 2.) 2.) Evidence must be presented to the judicial officer and be supported by "oath or affirmation"

Typically means that police officers must say "yes" when the judicial officer asks them if they swear or affirm that all information presented is true to the best of their knowledge.

4th Amendment Checklist: 3.) REVIEW QUESTION: What two elements must be present for a valid consent to permit a warrantless search?

Voluntary consent by a person with proper authority to consent.

4th Amendment Checklist: 3.) REVIEW QUESTION: In what situations do law enforcement's special needs justify stopping an automobile without reasonable suspicion?

Warrantless stops of automobiles are permitted at international borders and sobriety checkpoints (unless barred within a specific state by its own supreme court) or when there is reasonable suspicion of a traffic violation or other wrongdoing.

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES (EMERGENCIES):

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.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Terry v. Ohio (1968): The Court upheld the stop-and-frisk procedure when...

a police officer had good reasons to conclude that a person endangered the public by being involved in criminal activity

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) In addition, the search must be justified by...

a reasonable conclusion that a person is armed, thereby requiring the officer to act in order to protect himself/herself and the public.

Q: According to our discussion in lecture, in which of the following scenarios can a police officer enter a dorm room without a warrant? a. When asked for assistance by an RA in a situation that affects the health and safety of students. b. If the dorm is part of a public university, a university police officer can enter for any purpose with reasonable suspicion. c. In a public university they can always enter because the 4th Amendment only protects public spaces. d. Police can enter with the consent of the student who lives in that room (assume it is just one student). e. If the university has a dedicated police force (like UW police) officers can always enter.

a. When asked for assistance by an RA in a situation that affects the health and safety of students. d. Police can enter with the consent of the student who lives in that room (assume it is just one student).

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Exclusionary rule during a frisk search: Court decisions have given officers significant discretion to decide when factors that justify a stop-and-frisk search exist i.e. Being located in a high-crime neighborhood can be a factor in justifying a search → Officers need not...

actually see evidence of a weapon or interact with the suspect prior to making the stop.

4th Amendment Checklist: 3.) PLAIN VIEW Plain view extends to...

all senses.

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES A traffic violation by itself, however, does not provide...

an officer with the authority to search an entire vehicle.

Q: Which of the following are circumstances under which a warrantless search is considered legitimate? a. The search of a car after a legitimate traffic stop for speeding. b. Exigent circumstances, where an imminent risk of harm makes obtaining a warrant impossible. c. A search incident to a lawful arrest. d. A "plain view" search conducted incident to a lawful entry of the premises. e. A search conducted with the consent of one of two occupants when one is not present.

b. Exigent circumstances, where an imminent risk of harm makes obtaining a warrant impossible. c. A search incident to a lawful arrest. d. A "plain view" search conducted incident to a lawful entry of the premises. e. A search conducted with the consent of one of two occupants when one is not present.

Q: According to the lecture, the 4th Amendment applies only to spaces and things that someone owns. Mere possession (through rent, for instance) is not sufficient. a. True b. False

b. False

Q: By the end of the Warren Court Era, the Bill of Rights had been fully incorporated into the Due Process Clause of the 14th Amendment. a. True b. False

b. False

Q: For a legitimate stop (also called a Terry Stop), police must have probable cause. a. True b. False

b. False

Q: Cop Care Less executes an expired search warrant. He knows that it is not legitimate. While he is searching a home, he finds information on a notepad that leads to a place where illegal drugs are stored. According to lecture a. The lack of good faith is the poisonous tree, and the warrant is its fruit b. The notebook is the poisonous tree, and the drugs are its fruits c. The expired warrant is the poisonous tree, and the drugs are its fruit d. The lack of good faith is the poisonous tree, and the drugs are its fruit e. The expired warrant is the poisonous tree, and the notepad is its fruit

b. The notebook is the poisonous tree, and the drugs are its fruits

The Fifth Amendment provides protections against...

compelled self-incrimination and double jeopardy.

4th Amendment Checklist: 3.) SPECIAL NEEDS BEYOND THE NORMAL PURPOSES OF LAW ENFORCEMENT In certain contexts, law enforcement officials have a justified need to...

conduct warrantless searches of every individual passing through.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Exclusionary rule during a frisk search: The Supreme Court also expanded police authority by permitting officers to rely on reports from reliable witnesses as the basis for conducting the stop and frisk However, an unverified anonymous tip...

does not serve as an adequate reason for a stop-and-frisk search

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Exclusionary rule during a frisk search: Typically, a judge will believe the police officer's version of events rather than accept the claims of a person found to be carrying illegal items. Sometimes, however, the officer's version of events may not be persuasive → Judges may...

doubt whether an officer can reasonably draw the conclusions they made under the specific circumstances

Q: If an officer wants to enter a home, there are three ways for them to gain lawful presence: a. Warrant, Search Incident to an Arrest, Plain View b. Warrant, Plain View, Terry Stop c. Hot Pursuit, Probable Cause, Warrant d. Consent, Warrant, Plain View e. Warrant, Consent, Exigent Circumstances

e. Warrant, Consent, Exigent Circumstances

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES After the officers make the warrantless entry, the "plain view" doctrine permits them to...

examine and seize any criminal evidence that they can see in the course of actions taken to address the exigent circumstances.

The Eighth Amendment includes protections against...

excessive bail, excessive fines, and cruel and unusual punishments. Supreme Court justices often disagree about whether certain sentences, including the death penalty, violate the prohibition on cruel and unusual punishments.

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST Arrests, even for minor offenses, also lead those arrested to be subjected to...

intrusive strip searches and body cavity inspections when they were placed in jail

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) These factors impose an obligation on police officers to...

make observations, draw reasonable conclusions, identify themselves, and make inquiries before conducting the stop-and-frisk search.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Police officers possess the authority to...

make stops and limited searches of individuals on the streets when specific circumstances justify such actions.

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES Officers can make an arrest without a warrant when there are exigent circumstances. This means that officers are in the middle of an urgent situation in which they...

must act swiftly and do not have time to go to court to seek a warrant.

4th Amendment Checklist: 2.) Signed by a...

neutral and detached magistrate, i.e., a judge.

4th Amendment Checklist: 3.) PLAIN VIEW When police officers examine people's property without violating reasonable expectations of privacy...

no search has occurred.

4th Amendment Checklist: 1b.) The search or seizure must have happened in an area where...

people have a REP.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Although the justices supported the detective's authority to conduct the pat-down search based on his observations of the men's suspicious behavior, they struck a careful balance between...

police authority and individuals' rights by specifying the circumstances in which such a pat-down search - more commonly known as a stop-and-frisk search - can occur.

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES The Court permits through searches of vehicles without regard to probable cause when...

police officers inventory the contents of impounded vehicles.

4th Amendment Checklist: 3.) STOP AND FRISK (TERRY V. OHIO) Terry v. Ohio (1968): Supreme Court decision endorsing...

police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity. ​

4th Amendment Checklist: 3.) SPECIAL NEEDS BEYOND THE NORMAL PURPOSES OF LAW ENFORCEMENT Here the supreme Court does not require officers to have any...

suspicions, reasonable or otherwise, about the illegal activities of any individual.

4th Amendment Checklist: 4.) Prosecutors can use evidence gathered in an unconstitutional search and seizure against the defendant in court if...

the inevitable discovery rule applies, or if an official was in good faith of the validity of the search.

4th Amendment Checklist: 1.) For the evidence to be admissible in court, its seizure must have been in accordance with...

the law, especially the 4th Amendment, which regulates search and seizure.

4th Amendment Checklist: 3.) SEARCH INCIDENT TO LAWFUL ARREST In Arizona v. Gant (2009), a majority of justices barred...

the search of an automobile after an arrest when the handcuffed driver posed no danger to the officers and could not reach into the car to destroy evidence.

4th Amendment Checklist: 3.) AUTOMOBILE SEARCHES Many automobile searches arise as a result of...

traffic stops.

The Fourth Amendment's prohibition on...

unreasonable searches and seizures seeks to impose limits on police authority to intrude on people's expectations of privacy with respect to their bodies, homes, and property.

4th Amendment Checklist: 3.) EXIGENT CIRCUMSTANCES Judges are ________ ________ ________ second-guess a police officer's on-the-spot decision that the urgency of a situation required an immediate warrantless search.

usually reluctant to