4th amendment

Question 1

what 3 things do you need for an arrest?

Answer 1

1) PC
2) lawful authority
3) lawful access

Question 2

what are the requirements for a felony warrantless arrest?

Answer 2

• PC

- the person must be in a public area

Question 3

what do you need to serve a warrant in the suspects home (felony)?

Answer 3

• establish residency
• establish suspect is inside during time of arrest
• knock and announce

Question 4

what do you need to serve a warrant in a 3rd party home (felony)?

Answer 4

• consent OR
• a search warrant OR
• exigent circumstance

Question 5

what are the requirements for a misdemeanor warrantless arrest?

Answer 5

• PC
• must be committed in officers presence
• defendant must be in public area

Question 6

what does the knock and announce rule apply to?

Answer 6

• dwellings ONLY

**does not apply to businesses, barns, sheds

Question 7

before you enter a dwelling you must….

Answer 7

• knock and announce and wait to get refused entry before breaking in!

Question 8

what is breaking?

Answer 8

• any unannounced entry into a dwelling

**ex: turning a door knob and entering

Question 9

what commands do you give the suspect when knocking?

Answer 9

• POLICE, WARRANT, OPEN THE DOOR!

Question 10

what are examples of refusals?

Answer 10

• silence
• running
• destruction of evidence (flush toilet, shredder)
• gunfire
• verbal refusal

Question 11

what is knocking?

Answer 11

• literal knocking
• telephone call
• bullhorn/loud speaker

Question 12

how do you establish that “he’s currently inside home”?

Answer 12

• car parked in driveway
• surveillance
• he answers home phone
• neighbors

Question 13

how do you establish his “residency”?

Answer 13

• his drivers license address
• utility bills
• surveillance
• neighbors

Question 14

when is knock and announce NOT required?

Answer 14

• when knocking is dangerous
• hot pursuit
• no knock warrant
• successful ruse (pretend to be cable guy)
• destruction of evidence

Question 15

when should you get a no knock warrant?

Answer 15

• if you anticipate danger or violence

- if you anticipate destruction of evidence

Question 16

can you still enter without knocking if a judge denies a no knock warrant?

Answer 16

• Yes, depending on circumstances

Question 17

what are the consequences for entering without a warrant?

Answer 17

• civil liability
• administrative discipline
• possible criminal prosecution

Question 18

does the exclusionary rule apply to warrants?

Answer 18

• NO

Question 19

who can issue search warrants

Answer 19

• any FEDERAL judge

- a state court judge from a COURT OF RECORD

Question 20

follow these rules to get a warrant:

Answer 20

• real property/ personal property / vehicles: district where the property is located.
• terrorism: district where the crime occurred
• stored emails: district where the crime occured

Question 21

in order for a judge to issue a warrant he has to be _____ and _____.

Answer 21

• neutral and detached

Question 22

what is neutral and detached?

Answer 22

• judge can’t have financial interest in the crime
• judge can’t have family ties to the party
• judge can’t participate in investigation or prosecution of the case.

Question 23

what are the components of an affidavit search warrant?

Answer 23

• PC the crime was committed
• probably items exist from the crime
• PC items are at the location to be searched and the time of search.

Question 24

staleness

Answer 24

• PC is lacking
• factors: age of info, nature of evidence, nature of location
• to determine if info is stale

Question 25

particularity requirement for 4th amendment:

Answer 25

- warrant must particularly describe the place to be search and the people and items to be seized.

Question 26

what two purposes does particularity serve?

Answer 26

1) limits scope of the search 2) puts citizen on notice about which items police will take. **GENERAL SEARCHES VIOLATE THE CONSTITUTION

Question 27

particularity descriptions:

Answer 27

- stolen property: make, model, serial # - people: race, gender, height, weight - vehicle: color, make, model ** "reasonable certainty" is the legal standard

Question 28

what does the Federal Rule 41 (c) allow you to seize?

Answer 28

- evidence of a crime - contraband - fruits of a crime - person to be arrested or lawfully restrained - property designed for use, intended for use, or used in commission of a crime.

Question 29

what happens if the warrant has errors?

Answer 29

- it is still valid with the exception of certain errors

Question 30

what errors invalidate warrants?

Answer 30

- no list of items seized on the warrant itself | - no property address or description of the property on the warrant itself.

Question 31

what happens if there is an error in the address of a warrant?

Answer 31

- NO PROBLEM as long as you have a good physical description of the location in the warrant

Question 32

what happens if there are unintentional false statements on the warrant?

Answer 32

OK

Question 33

what happens if there are intentional false statements on the warrant?

Answer 33

- false statements entered KNOWINGLY are INVALID | - false statements were NECESSARY for pc, INVALID

Question 34

telephonic search warrants:

Answer 34

- quicker than regular search warrants (30 - 60 mins) - courts prefer this before warrantless search - time is of the essense - federal judge dispense with the application for a search warrant