Search and Seizure Basics
What amendment governs search and seizures?
4th
Brinegar v United States 1949
Which requires a higher level of certainty?
probable cause
Define reasonable suspicion
A belief based on specific, articulable facts that criminal activity is afoot; less than probable cause bit more than a mere hunch
Define probable cause
More than bare suspicion
What must officers generally have to conduct a search of a property?
probable cause and usually a warrant
Spinelli v United States 1969
The basis of knowledge and veracity test of informants
True or false: both probable cause and reasonable suspicion rely on the totality of the circumstance
ture
What case strengthened the "totality of the circumstance" test for reasonable suspicion
United states v Arvizu 2002
Name one of the 3 ways probable cause can be established
1. Through the officers own knowledge of particular facts and circumstances. 2. Through information given by a reliable third person. 3. Through information. plus corroboration by the officer
What is the purpose of the exclusionary rule?
Evidence obtained illegally cannot be used in court
Michigan V Summers 1981
Detain occupants of the premises while a search warrant is being carried out
Low quality information requires more information to reach Pc or Rs
What level of police action does reasonable suspicion justify?
a Terry stop
Can the police arrest the passenger of a motor vehicle if they have probable cause to arrest the driver?
Not automatically, they need probable cause that a crime was committed in the vehicle to arrest the passenger
What is the difference between a search warrant and an arrest warrant?
A search warrant authorizes searching property and an arrest warrant authorizes taking a person into custody
Alabama v White 1990
Weak tips can be corroborated with other information to create reasonable suspicion
*bonus question worth double points* What year was Ndsu founded?
1890
Name one factor officers may rely one when forming reasonable suspicion.
Nervous behavior, evasive action, time of day, location, officer experience, information, physical evidence, smell, Contextual observation (exchanging cash for a small bag), etc
What are the 4 areas of police work that probable cause is required for?
Arrest with/without a warrant and search and seizure of property with/without a warrant
What is required in a warrants description?
A description of the place to be searched and the items they intend to seize
Maryland v Pringle 2003
Officers must have particularized probable cause to arrest a passenger
What standard of proof is needed to obtain a search or arrest warrant?
Probable cause
What must reviewing courts consider when assessing reasonable suspicion?
The totality of the circumstance
When does probable cause exist?
When an officer has trust worthy evidence sufficient to make "a reasonable person" think it is more likely than not that the proposed arrest or search is justified