79 Questions
What is the primary purpose of the 4th Amendment?
To protect citizens from unreasonable searches and seizures
What is the minimum justification for a search based on a search warrant?
Four facts: that a crime has been committed, that particular pieces of evidence exist, that they are at a particular location, and that they are there at this time
What is the term for the requirement that a search warrant must be supported by oath or affirmation and particularly describe the place to be searched and the persons or things to be seized?
The Fourth Amendment Warrant Requirement
What does the term 'search' refer to, according to the Glossary of Terms?
The examination of a person or area to discover evidence, contraband or weapons
What is the purpose of a search warrant?
To ensure that searches are conducted with probable cause and in a specific location
What are the two primary components of the Fourth Amendment?
The protection against unreasonable searches and seizures and the requirement of probable cause
Who was the suspect that the police officer suspected shortly after the robbery?
Joseph Ecker
What was found in the abandoned Oldsmobile?
A sack of money and the murder weapon
Who called the police to provide information about Rob Olson?
Dianna Murphy
What was the relationship between Louanne and Julie?
Mother and daughter
Why did the police enter the upper unit of the duplex?
Because Rob Olson had fled the scene
What did the Minnesota Supreme Court rule regarding Olson's statement?
It was inadmissible due to illegal arrest
What was the outcome of the appeal in the Minnesota Supreme Court?
Olson's conviction was reversed
What is the significance of the Supreme Court's ruling in this case?
It limited the privacy rights of short-term visitors
What was the occupation of the person who was fatally shot at the Amoco gas station?
Station manager
How did the police learn about the location of Rob Olson?
Through a tip from Dianna Murphy
Under what circumstances can an officer use force to enter a premises?
When there are exigent circumstances such as sounds of escape or evidence destruction
What is the general rule for executing a warrant?
Knock and announce
What happens if a responsible party is present during a search warrant execution?
They are given a copy of the search warrant and it is read to them
What is the main purpose of a search?
To systemically comb a premise or check a serial number
What is the purpose of the 'knock and announce' rule?
To provide notice of the officer's presence and purpose
What is the act of taking possession of a person or property?
A seizure
What is the significance of the Wilson v. Arkansas (1995) case?
It established the knock and announce rule
What is associated with privacy issues?
The Fourth Amendment
Who has Fourth Amendment protection against unreasonable searches and seizures?
All occupants of a protected area
What happens if there is no one present during a search warrant execution?
The officer secures the premises
What is required to claim Fourth Amendment protection?
A legitimate expectation of privacy in the invaded place
What is the purpose of leaving a copy of the inventory with the search warrant?
To provide evidence of the search
What is the requirement for a legitimate expectation of privacy?
It must be reasonable
What is the significance of the U.S. v. Banks (2003) case?
It held that a 15-20 second wait was reasonable in exigent circumstances
What is the difference in expectation of privacy between a home and commercial property?
A home has a higher expectation of privacy
What is the purpose of conducting an inventory of seized items?
To provide evidence of the search
Under what circumstances can media personnel be present during a warrant execution?
Only if they are experts in identifying evidence
What is the result of not having a legitimate expectation of privacy?
The court need not decide whether the search was unconstitutional
What is the decision in Minnesota v. Carter?
The respondents did not have a legitimate expectation of privacy
What is the significance of the Wilson v. Lane (1999) case?
It prohibited media presence during warrant executions
What is the decision in Minnesota v. Olson?
The arrest was unconstitutional
What is a search warrant?
A written order of a court authorizing the officer to search the areas named for the evidence and contraband described
When is a search warrant generally not required?
When there is an exception to the warrant requirement
What is the general rule for searching individuals based on a search warrant for a protected area?
The search warrant does not justify search of individuals unless they are named in the warrant
What is the significance of the recency of the information used to obtain a search warrant?
It is important because information older than 24-26 hours is often considered 'stale'
What is the 'reasonable area' for a search based on a warrant?
The area specified in the warrant
What is the 'reasonable time' for a search based on a search warrant?
When the evidence named on the warrant has been found, or when all places within the area named in the warrant where the items sought could be hidden have been searched
How long does a Missouri search warrant remain in effect?
10 days from the date of issue
What happens if you need to re-enter a searched area after leaving?
You need to obtain a new warrant
What is the exception to the warrant requirement in the case of Michigan v. Summers (1981)?
Detaining individuals found at the scene of the search until things are sorted out
What is the ruling in State v. Shannon (1992)?
Officers can search occupants of a premises without a warrant
What is the main purpose of the Fourth Amendment?
To protect individuals from unreasonable searches and seizures
What is required for a warrant to be issued?
Probable cause supported by oath or affirmation
What is the purpose of the Sixth Amendment?
To ensure a fair trial
What is protected by the Fifth Amendment?
The right to due process of law
What is the main purpose of the Fourteenth Amendment?
To ensure equal protection under the law
What is a requirement for a search warrant?
Probable cause supported by oath or affirmation
What is the purpose of a search incident to the execution of a search warrant?
To protect the officer from injury or death
What is required for a search of a locked container?
Use of minimum force required
What is the purpose of the Tenth Amendment?
To reserve powers to the states or the people
What is the purpose of the Ninth Amendment?
To protect rights not enumerated in the Constitution
In which type of search is the search not restricted?
Abandoned Item Search
What is the basis for a search of a motor vehicle?
Presence of probable cause
What is a requirement for seizure of evidence?
Probable cause supported by oath or affirmation
What is the purpose of an inventory search?
To account for the items in the container
What type of search can be performed without a search warrant?
All of the above
What is the limitation on a private search?
The search is limited to the extent that the private person searched
What is the primary reason for a frisk of a person during a stop and frisk?
To prevent injury or death of the officer
What is the requirement for a search of abandoned property?
None
What is the purpose of the plain view doctrine?
To allow seizure of evidence or contraband found in the performance of other duties
What is the primary purpose of a SIA of Premise Search?
To prevent injury or death of the officer and to prevent destruction of evidence or contraband
What is the requirement for a search incident to arrest?
Custodial arrest based on probable cause
Under what circumstances can a protective sweep be conducted?
When there is reasonable suspicion that accomplices may be present in the premise
What is the scope of a search incident to arrest of a person?
Full search of the person, and immediately accessible personal property
What is the primary purpose of a Motor Vehicle Exception?
To seize evidence of a crime from a mobile vehicle when it is impractical to obtain a search warrant
What is the requirement for a search of a vehicle during a stop and frisk?
Reasonable suspicion that the person is armed and the weapon may be in the vehicle
What is the purpose of a search of a vehicle during a search incident to arrest?
To prevent destruction of evidence or contraband
When can a consent search be conducted?
When there is a voluntary consent from the interested party
What is the scope of a search of a vehicle during a search incident to arrest?
Full search of the area within the person's immediate control and of accessible personal property
What is the primary purpose of an inventory search?
To identify and assure security of personal effects of arrested party
What is the purpose of the open fields doctrine?
To allow search of property to which the owner does not have a legitimate expectation of privacy
What is the scope of a protective sweep?
Anywhere the accomplices could reasonably hide
What is the requirement for a seizure of evidence or contraband during a plain feel?
Legal frisk and immediate probable cause
Study Notes
Searches, Seizures, and the Fourth Amendment
- The Fourth Amendment protects individuals against unreasonable searches and seizures of their persons, houses, papers, and effects.
- The amendment requires a warrant to be issued upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Probable Cause
- Probable cause for a search warrant requires facts and circumstances that would lead a reasonable person to believe:
- A crime has been committed
- Particular pieces of evidence are involved
- The evidence is located at a particular place
- The evidence is present at the time of the search
Search and Seizure
- A search is the examination of a person or area to discover evidence, contraband, or weapons.
- A seizure is the act of taking possession of a person or property.
- Interference with property rights can be considered a seizure, even if there is no invasion of privacy.
Fourth Amendment Protection
- All occupants of a protected area have Fourth Amendment protection against unreasonable searches and seizures, including overnight guests.
- The extent of Fourth Amendment protection depends on the location and the individual's expectation of privacy.
Search Warrant
- A search warrant is a written order from a court authorizing an officer to search a specific area for evidence and contraband.
- The warrant must be supported by probable cause and describe the place to be searched and the items to be seized.
- In most cases, a search warrant is required before a search can take place.
Executing a Search Warrant
- The "knock and announce" rule requires officers to knock and announce their presence and purpose before entering a premises.
- Exceptions to the "knock and announce" rule include:
- Exigent circumstances, such as danger or evidence destruction
- Reasonable suspicion that announcing would be dangerous or futile
- Officers must provide a copy of the search warrant to the occupants and read it to them or have them read it.
Inventory and Securing the Premises
- Officers must conduct an inventory of all items seized during the search.
- The inventory must be left with the search warrant and a copy given to the occupants.
- The officer may be responsible for securing the premises after the search is completed.
Fourth Amendment Rights
- The Fourth Amendment protects individuals' privacy rights, including the right to be secure in their persons, houses, papers, and effects.
- The amendment applies to searches and seizures conducted by government officials.
Relevant Court Cases
- Minnesota v. Carter (1998): Establishes that an overnight guest has a legitimate expectation of privacy in the home and can claim Fourth Amendment protection.
- Minnesota v. Olson (1990): Rules that a short-term visitor has no standing to exercise Fourth Amendment rights.
- Ybarra v. Illinois (1979): Holds that patrons of a bar have no reasonable suspicion attached to their presence, and officers must develop individual reasonable suspicion to frisk them.
- Michigan v. Summers (1981): Permits detaining individuals found at the scene of a search until things are sorted out.
- State v. Shannon (1992): Allows officers to search occupants of a crack house, where the primary business activity is the sale of drugs.
- U.S. v. Ramirez (1998): Reaffirms the standard for unannounced entry to execute a warrant.
- U.S. v. Banks (2003): Holds that a 15-20 second wait is reasonable in cases where the totality of the circumstances suggests exigent circumstances.
- Wilson v. Lane (1999): Rules that inviting media to accompany officers when serving a warrant in a private area is a violation of the occupants' Fourth Amendment privacy rights.### Fourteenth Amendment
- No state shall make or enforce any law that abridges the privileges or immunities of citizens of the United States.
- No state shall deprive any person of life, liberty, or property without due process of law.
- No state shall deny to any person within its jurisdiction the equal protection of the laws.
Searches and Seizures
- Warranted Searches: Search warrant is required, specifying locations and items to be seized.
- Probable cause that a crime was committed, and evidence is at a particular location at a particular time.
Searches Incident to Execution of a Search Warrant
- Limited search of detained person found in protected area at time of search warrant execution.
- Search for weapons to prevent injury or death of the officer.
- Seizure of evidence named in warrant and contraband.
Non-4th Amendment Searches
- Abandoned Property: Search and/or seizure of property to which the owner appears to have relinquished rights.
- Open Fields: Search of property to which the owner does not have a legitimate expectation of privacy.
- Plain View Doctrine: Seizure of evidence or contraband found in the performance of other duties.
Stop and Frisk
- Frisk of person for weapons to prevent injury or death of the officer.
- Reasonable suspicion for detention and additional reasonable suspicion that the person is armed.
Search Incident to Arrest
- Search of arrested person for weapons and evidence or contraband.
- Custodial arrest based on probable cause.
- Full search of the person, and immediately accessible personal property.
Protective Sweep
- To assure that no accomplices who may pose a danger to the officer are hiding in the premise in which an arrest is taking place.
- Legal presence in the premise and reasonable suspicion that there may be accomplices present.
Searches & Seizures Without a Warrant
- Motor Vehicle Exception: Seizure of evidence of a crime from a mobile vehicle where it is impractical to obtain a search warrant.
- Emergency (Exigent) Circumstances: To prevent destruction of evidence or contraband before a search warrant may be obtained.
- Consent: Search a protected area with permission of interested party.
- Inventories: To identify and assure security of personal effects of arrested party.
Container Searches
- Open Container: Search if in authorized area and item to be seized could fit within.
- Closed but Not Locked Container: Search if in authorized area and item to be seized could fit within.
- Locked Container: Search if in authorized area and item to be seized could fit within - use minimum force required.
Learn about the 4th Amendment and its impact on law enforcement's ability to search and seize property. Understand the principles of probable cause and warrant requirements.
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