4th Amendment

Question 0

What are examples of lawful reason to be in a dwelling?

Answer 0

Warrant, consent, exigent circumstances

Question 1

What are the 3 requirements the government must meet for a permissible plain view seizure of evidence?

Answer 1

1. LEO must have a lawful right to be there
2. Evidence must be IMMEDIATELY APPARENT
3. Lawful right to ACCESS the object

Question 2

What are 3 ways to make a valid arrest?

Answer 2

1. Federal Statutory Authority
2. Peace Officer Status
3. Citizen’s Arrest

Question 3

What are the different ways you can obtain an Arrest Warrant?

Answer 3

1. Criminal Complaint
2. Grand Jury Indictment
3. Information

Question 4

What are the 3 requirements for a lawful arrest?

Answer 4

1. PC
2. Arrest Authority
3. Lawful right of access to the suspect

Question 5

What are the common occurrences when it comes to Felony Arrest warrants W/O a search warrant?

Answer 5

• In Public
• In a SUSPECT’s residence
• Third Party residence

Question 6

What are the 3 primary purposes of Knock and Announce?

Answer 6

1. Reduce potential for violence
2. Prevent needless destruction of property
3. Individual’s right of privacy in their home

Question 7

What are examples of Exigent Circumstances?

Answer 7

• Destruction of evidence
• Hot Pursuit
• Emergency Scene

Question 8

What elements do you need for a Hot Pursuit?

Answer 8

• PC of FELONY
• PC that suspect enter premises
• IMMEDIATE and CONTINUOUS Pursuit from Public to Private

Question 9

What are the 2 requirements for a Mobile Conveyance?

Answer 9

1. PC to believe that evidence of a crime is in vehicle

2. Vehicle must be “Readily Mobile”

Question 10

Which Supreme Court case started the Mobile Conveyance?

Answer 10

Carroll v. US (1925) established the “Carroll Doctrine”

Question 11

What is the 4 part test to determine imminent destruction of evidence, justifying a warrantless entry?

Answer 11

1. Evidence of PC
2. Only for Serious Crimes where destruction of evidence is likely
3. Scope at minimum intrusion
4. Supported by clearly defined indicators of exigency, not manipulated or abused by police

Question 12

What are the 3 distinct reasons for SIA outlined in Chimel v. CA?

Answer 12

1. Discover Weapons
2. Prevent the destruction or concealment of evidence
3. Means of escape

Question 13

When can an officer make a lawful entry into a person’s home to make an arrest?

Answer 13

1. Warrant
2. Consent
3. Exigent Circumstances

Question 14

When can an officer make a misdemeanor arrest?

Answer 14

When the offense has been committed in the officer’s presence; otherwise get an arrest warrant

Question 15

What is the difference in level of PC when making an arrest with or without an arrest warrant?

Answer 15

Nothing, they are the same

Question 16

What is Title 18 USC 3109?

Answer 16

Knock and Announce Statute

Question 17

What are the 3 steps in a “Knock and Announce” statute?

Answer 17

1. Knock and Announce who you are
2. Why you are there
3. What you want

Question 18

What is a protective sweep?

Answer 18

Quick and limited search of premises incident to an arrest

Question 19

What ares can be searched during a protective sweep?

Answer 19

Those areas where an individual might be found

Question 20

What are the 2 kinds of protective sweeps?

Answer 20

1. Automatic - after arrest, may look in areas immediately adjoining the place of arrest (Plain view applies)
2. Extended - must be able to articulate that areas outside “automatic” harbors an individual posing a danger

Question 21

What are the 3 rationales for a SIA?

Answer 21

1. Discover weapons
2. Prevent destruction or concealment of evidence
3. Means of escape

Question 22

What are the 3 requirements for a SIA?

Answer 22

1. Lawful (PC of a crime and arrest)
2. “Substantially Contemporaneous” to an arrest
3. Area to be searched must be currently accessible by the suspect

Question 23

What is in the scope of SIA?

Answer 23

1. Person (body)
2. Area within suspects “immediate control”
3. Vehicles (Custodial Arrest)

Question 24

What are the 2 situations when a passenger compartment of a vehicle can be SIA?

Answer 24

1. Suspect is close to the vehicle and could readily access the passenger compartment 2. When LEO has reason to believe the passenger compartment has evidence of the crime

Question 25

Who can request a Federal Search Warrant?

Answer 25

- FLEO | - Attorney for the government

Question 26

When can a federal judge issue a FSW outside their jurisdiction?

Answer 26

When the person/property were inside the district at the time of the issuance of the warrant, but has since moved away

Question 27

What is the scope of a magistrate judge issuing a FSW during a terrorism investigation?

Answer 27

As long as the judge presides in any of the districts the terrorist activities have occurred

Question 28

What must every search warrant describe particularly?

Answer 28

- Place to be searched | - Person or things to be seized

Question 29

What are examples of the "nexus" requirement?

Answer 29

- Direct observations by LEO - Nature of crime - Nature of items sought - Opportunity for concealment - Normal inferences as to where items are hidden

Question 30

What types of items can be seized in a warrant?

Answer 30

1. Evidence of a crime 2. Contraband/Fruits of a Crime 3. Property designed for use in a crime 4. Person to be arrested

Question 31

What is the purpose of a Telephonic Search Warrant (Rule 41)?

Answer 31

To encourage FLEOs to seek search warrants in situations when they might otherwise conduct warrantless searches

Question 32

When can a FSW be executed?

Answer 32

- During "daytime" hours (0600-2200) | - Nighttime execution by specific request

Question 33

What 2 periods of time can a SW be executed?

Answer 33

- Specified time on the warrant | - If no time, no longer than 14 days from issuance

Question 34

What are the 3 distinct justifications for detaining occupants of a premises during the execution of a FSW? (Summers Doctrine)

Answer 34

1. A legitimate LE interest preventing flight in the event illegally possessed items found 2. Societal interests in minimizing the risk of harm to officers serving SW 3. Occupants of the premises may assist in orderly completion of search