Terms
The two concepts of the 4th Amendment
Prohibition against unreasonable searches and seizures from the Government
Requirement of probable cause to issue a warrant
Arrest Warrant
Written order commanding that the person named on the warrant be arrested by the police
Sources of Probable Cause
Personal Observation
Information
Evidence
Association
Criteria for a Warrantless Search
Officer can easily spot or sense the item
Officer is legally in a position to notice the item
Discovery of the item is inadvertent
Officer immediately recognizes the illegal nature of the item
Stop-Reasonable Suspicion Only
Arrest-Probable Cause
Justification
Exclusionary Rule
Evidence obtained in violation of the accused’s rights will not be admissible in criminal court
Exigent Circumstances
Situations that require immediate actions by the police and provide exceptions to warrants
Exceptions to the Exclusionary Rule
Inevitable Discovery Exception
Good Faith Exception
Elements of an Arrest:
Intent to Arrest
Authority to Arrest
Seizure or Detention
Understanding
Stop-None
Arrest-Required in some, but not all, situations
Warrant
Search Warrant
Written order commanding police officers to search a specific person, place, or property to obtain evidence
Brief detention of a person by law enforcement agents for questioning
Search Warrant Requirements
Probable cause that a crime has been or will be committed
Premises to be searched
Suspects to be found
Illegal activities taking place at the premises
Items to be seized
Warrantless Arrest is permissible in the following circumstances:
Offense is committed in the officer’s presence
Officer believes that the suspect has committed a certain crime
There is a possibility that the suspect could escape or destroy evidence in the time taken to procure a warrant
Stop-To investigate suspicious activity
Arrest-To make a formal change against the suspect
Intention of an Officer
Plain View Doctrine
Objects in plain view of a law enforcement agent may be seized without a warrant and introduced as evidence
Frist (Stop/Frisk)
Pat-down or minimal search by police to discover weapons
Items that can be seized using a search warrant
Items resulting from a crime
Illegal Items
Items of Evidence
Items used in committing a crime
When a Miranda Warning is not required
An officer does not ask the suspect any testimonial questions
Police are questioning witnesses without a focus on the suspect
A person gives information voluntarily
A person has given a statement privately to a friend or acquaintance
During a stop and frisk and a traffic stop
Stop-May frisk, or “pat down”, for weapons
Arrest-May conduct a full search for weapons or evidence
Search
Arrest
To deprive the liberty of a person suspected of criminal activity
Terry V. Ohio (Your own Words)
Defined the difference between a search and a frisk
Searches and Seizures without a warrant
Searches incidental to arrests
Consent Searches
The Summary of this Week's Material
How law enforcement agencies operate are controlled by the U.S. Constitution which is designed to protect individual rights.
Stop-Outer Clothing Only
Arrest-Area within the suspect’s immediate control or “reach”
Scope of Search