CrimProc Rules 1

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Author:
woof686
ID:
26615
Filename:
CrimProc Rules 1
Updated:
2010-07-13 11:26:53
Tags:
Fourth amendment
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Description:
Fourth amendment
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  1. Standing to assert 4th amendment claim
    Must be able to show possessory interest in item seized and legitimate expectation of privacy in the premises searched.

    Legitimate expectation of privacy only if:

    • owns or has possession of place searched
    • places was in fact his home
    • OR was an overnight guest at place searched.
  2. Arrest
    Seizure occurs where reasonable person would not feel free to leave.

    In NY, there is a right to refuse answering questions, and running away does not provide probable cause for arrest.

    Stop-and-Frisk not an arrest, but may be a seizure for 4th amendment.

    Warrant required for entry of dwelling to arrest, absent exigent circumstances or consent. If fails to knock and announce, arrest invalid.

    Warrant not required for:

    • crimes committed in presence of arresting party
    • police officer reasonably believes one has committed a felony
    • private person arrests AND felony has actually been committed and private person reasonably believes that the person being arrested is guilty.


    Invalid arrest is NOT a defense to the crime charged. But evidence seized pursuant to an unlawful arrest may be SUPPRESSED.
  3. 4th Amendment search
    Where there is reasonable expectation of privacy, such as:

    • luggage
    • home
    • private room
    • offices
    • luggage


    No reasonable expectation of privacy for:

    • prison cells
    • abandoned property
    • physical characteristics (e.g., voice samples)
  4. Warrant requirements
    Show probable cause based on:

    • officer's observations
    • info from reliable informant
    • evidence seized from valid searches


    List with particularity:

    • items to be sought
    • person to be seized or place to be searched


    The search will be limited in scope by what is described in the warrant.
  5. Searrches incident to lawful arrest
    Valid if reasonable in scope even without warrant.

    Reasonable in scope = wingspan of person arrested if outside home. If in home, includes closets and spaces immediately adjoining the place of arrest from which an attack could be launched.

    In NY, police must suspect that arrested person is armed and dangerous before conducting a search for weapons.
  6. Stop and frisk
    Stop justified by reasonable suspicioun based on articulable facts that detainings are or were involved in criminal activity.

    Frisk = pat-down of outer clothing where there is reasonable suspicion that suspect was or is involved in criminal activity and frisk is necessary to preserve freedom.

    Search of car - for weapons if police have reasonable belief the suspect is dangerous and may gain control of weapons, and search of passenger compartment is limited to areas where weapon may be placed or hidden.


    NY allows roadblocks that stop vehicles in uniform and nondiscriminatory manner. May include questioning, but not searching unless taken into police custody. May search car and containers if reasonable belief individual is armed and dangerous.
  7. Exclusionary rule and exceptions
    Includes fruit of the poisonous tree

    Exceptions to rule:

    • Inevitable discovery
    • independent source doctrine
    • attenuation principle
    • good faith exception (not recognized in NY)
    • isolated police negligence


    Violation of knock and announce rule does NOT lead to exclusion

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