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Arrest w/o

4th Amendment Effecting Arrest Accousting Seizure/Stop


Warrant

Prob Cause: Factors (indv to specific persons/places - Pringle): (1) Informant (1) phys restr by PO, OR (2)
Must have PC
(a. basis of know, b. reliab of infrm, c. self-verifying?, d. inform corroborated), show of author & submission
(2) exp of PO, (3) Ds prior crim record, (4) info from W or Vic, (5) furtive
gestures or flight?, (6) nature of area, (7) common enterprise?
Rsb Art. Suspc armed/dang or contraband PC develops that crim ab to be comm or did

Search & Seizure Rule:


Search: Person, Government actor intrudes on rsb expct of privacy
defined
ask
Place, House that society wld agree is private
defined
Public Actor or Whether state actor meaningfully interferes w/ indiv
Seizure
Governmental Private still Gov’t IF under authority of PO possessory interest
Conduct?
Own premise Live in place or Overnight Look for “meaningful connection”
Reasonable Exp of yes searched home (no own) guests that’s not fleeting
Privacy & Society Standing
Wld Believe So?
Don’t own but may have rsb Passenger in If don’t claim own Don’t claim property
sometimes
expt of privacy (i.e. borr purse) cars
if car
AND
searched
no

Sound of voice handwriting Records held at bank Emanating Odors (dog search if public & srch 4 contra)
Held out to
public everyday Dunn Factors: (1) prox to house, (2) enclosed?, (3) nature/use of area, (4) steps to protect area
Garbage (not in “Open Fields” &
Paint on car
curtilage) “Pub. Airspace”: New Tech: (1) whth in gen use, (2) revealing inside not knwn othwis (arg gen use & know)

Fair prob. that evid. Hearsay (1) Sufficient facts &


1) Probable Informant tip but
circum. to allow magis to
will be found in place permitted in Aguiler Test:
Cause permitted states
know how PO got info
searched probable cause
Valid Search
Warrant? AND
Factors: (1) Informant (a. basis of know, b.
2) Particularity In MD – daytime is rule; reliab of infrm, c. self-verifying?, d. inform (2) Police must vouch for
items & place Fed – exp made for night corroborated of future behavior)? RELIAB and CREDIB of
informant (thr prev tips) –
use TOT of CIRCUM

3) Reviewed/app 4) Signed under 5) PC not stale/ Serve in day, timely, knock/annc (avoid prop
Executing W
by neutral mag Oath old/out-dated damag, avoid violence, prevent unnec invasion)
all

Wait rsbl amt of time after K&A


Good faith will overcome Magistrate is biased
If not valid, will PO
defects with probable Detain all (frisk = rsb sus of crim for non-subs)
“Good Faith” or
cause or ptc req for Affidavit for W is so lacking in PC – no rsb PO wld rely
reliance save? physical evidence Search only areas listed in warrant
Affidavit for W is so lacking in part – no rsb PO wld rely
Seize only items listed in W & in plain view
If non-valid W, 6 PO or pros lied or mislead magis.
Exceptions to
Warrant
Requirement:

Search Incident Hot Pursuit /


Automobile
to Lawful Plain View Consent Stop & Frisk Evanescent
Exception:
Arrest: Evidence

If arrest is unlawful Just b/c car, AE except not Consent must be: Terry Stop Ev Evid Hot Purs
PO must be legit
then search is unlawful guar. – intent b/c cars move present when both
he/she does BREIF deten for purp of Evan Evid:
viewing of item Voluntary If PO are not
Automobile Exception invest suspic conduct evid that w/in 15 min
Arrest & search must seized & might disap
(when car has evidence): and of fleeing
be contemp in time & Immediately if PO gets
place apparent felon then
Intelligent Standard = warrant not w/in hot
Must have PC to support S reasonable (scrape purs
suspicion fingernails)
Geographic Scope
Whether lawfully Saying have warrant,
Limitation Can search ALL car (spaces & seeing (i.e. enter negates consent – but no Standard = If ok,
trunk) – less exp of privacy Terry Frisk
house lawfully) req on PO to explain reasonable anything
(Carney) suspicion for
“Wingspan” - person & entered from
PO safety home will be
areas reached for Patdown check
Inventory srch: prtct (looks like admiss
weapon or destroy Package or container TP consent 2 own, both for weap/contra
prop, prtct claims of weapon or
evidence that RSB cld contain – 2 own, pres & 1 does contra)
fraud/theft, PO safety either can not consent
item looking for if
owned by pass or consent. then not
Must follow pre-estb PO Matlock Factors for TP Consent:
If taken out of car & driver
procedures. (1) mutual use, (2) joint access/control, (3) rsbl
arsted NO… UNLESS
can reach car for recognition, (4) assumed risk
If consent, may limit scope Police must act reasonably to determine.
weapon or dest evid PC can dev after stop
(Jimeno)
Grand Not in To Qual: Must Not in parole For impeachment
Exclusionary Rule Limitations Juries Civil Violate C or Fd Stat. hearings purposes

Fruit of Poisonous Tree Not for violations No common enterprise of residence when W
of “knock & Other guests: is good on location w/ others (Ybarra)
announce” rule
Purpose: exclude evidence obt by PO by May reasonably detain non-ID’ed ind. in
exploiting unlawfully obtained evidence house when W names D’s

PO “Rslb Sus”
dangerous Inhib inves. – evid. destr. futile
knock wld:
Independent Inevitable Intervening Acts of
Source Discovery free will on part of D
Honest mistake in
executing W may be
permissive
Wiretapping & PC required for Howev, unreliable ear is This includes back of
Eavesdropping all assumed for all people police car

Confessions &
Miranda Right to remain silent Words may be used against Rght to att’y Rght to att’y Atty appt
Miranda

Custodial
In custody if at time of interg Objective In cell, but also maybe Prob intv & car stop
interrog. (1) Custody
did not feel free to leave stand in home or hospital not custodial
th
14 – (state actor)
Fundamental
Fairness – Any conduct where PO knew or shld More than just asking Spontaneous statement
“Shocks the
(2) Interrogation
know might illicit incrim respon from D questions by D is admiss
Conscience” but

Miranda May waive w/o signing Shoulder shrugging not Booking


voluntary intelligent
Waiver waiver form enough, must comminc it Exception &
Public
Safety Excp

Once assert right to termin interr,


Right to Counsel 6th Amnd
reinitiating w/o counsel = violation
Offense specific
McNeil – incrim stat made while in
jail on burglary for murder, allowed
b/c didn’t ask for att’y on murder
1 circumstance: D invokes, and PO
5th Amnd Not offense-specific
may not reinitiate on ANY topic

Bias the W in ID’ing Excpt:


Checklist: Rght to atty @ interg Post-charge atty Due process in W ID indenpd.
source
Remedy: exclude ID

Pre-trial Procedures Bail Issues Immediately appealable Preventative detention is allowed

Look for (a) same


questions pre,post
Miranda, (b) timing, (c)
continuity of personnel
Look at
subjective
intent of PO
Warrantless House Entry When Arrest
Warrantless Public Arrest Warrantless House Entry to Arrest
is Outside Home

Not permitted to make routine felony


Committed in Not in Officer’s arrest when nonconsensual – cannot Must be substantially contemporaneous to
Officer’s Presence Presence create the emergency
arrest and confined to immed vicinity

except except
Felony or Felony w/ PC (no If arrest outside & PO believe evidence
Misdemeanor need to show exig) Hot Pursuit Exigent Circumstance is inside, may detail D until PO can
obtain lawful W to search house
Must be for major crime & Prevent:
Even for very minor crime must be a continuous (1) destroy evid
when in presence of PO pursuit from scene of (2) D escape
crime (3) danger

Warrantless Search of Auto Incident to


Subjective intent of officer not material Lawful or Unlawful – when make arrest in Arrest of Occupant for Lawfully
home, police may search: Stopped Vehicle
If lawful, search of arrestee w/o warrant lawful
Belton rule: lawful custodial arrest of occupant,
The person of D to W/in D immed. may search passenger compartments &
and
protect PO safety Control (weap/contra) containers found within (PO safety & evidence)
Even though police have PC to make
arrest, method they use must be rslb
When lawful, may conduct “protective sweep”
Including containers Search may be for
(closets, hiding spots)
owned by and occupants & recent
Atwater: police may arrest for any violation, passengers occupants
even minor. Whren: Test is whether COULD
HAVE arrested or pulled over, not subjective Cursory inspect & not excessive length
intent of PO
Exigent Circum Factors:
(1) amount of time between crime/arrest,
To go beyond cursory, must have rsb
(2) severity of crime,
art facts that warrant that other places
(3) protection is sole reason for entrance
may harbor hiding assailant
(4) police have seen commission of crime,
(5) # of ppl affected by entry
Special Needs Cases

Schools
Evaluate (1) level of intrusiveness of
(a) rsbl grounds to think there’s a violation “checkpoint” or mandatory stop, (2) extent
of school policy, of the state’s interest, (3) effectiveness of
the method, (4) notice prior to stop or
intrusion.
and

(a) rsbl grounds to believe search will turn


up evidence

Excessive intrusiveness of search


shown by: (a) age, (b) gender, (c) crime,
(d) method used for search