Introduction to Constitutional Law Unit 6

Introduction to Constitutional Law
Unit 6
CJ140-02A – Introduction to Constitutional Law
Unit 6: The Fourth Amendment
Tonight’s Topic
• Discussion of the Fourth Amendment with
the following goals in mind:
– Identify the elements of an arrest
– Describe when an arrest may be legally made
– Explain what the knock-and-announce rule
– Recognize how much force can be used in
making an arrest
Bill of Rights
Amendment 4
IV - Right of search and seizure regulated
• The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
• Protects against unreasonable searches and seizures of:
– Persons
– Houses
– Papers
– Effects
From Government Actors
Police Officers
Governmental Agents in any Capacity
Definition of Reasonable Suspicion
“…an officer may, consistent with the Fourth Amendment,
conduct a brief, investigatory stop when the officer has a
reasonable, articulable suspicion that criminal activity is
afoot. While ‘reasonable suspicion’ is a less demanding
standard than probable cause and requires a showing
considerably less than preponderance of the evidence, the
Fourth Amendment requires at least a minimal level of
objective justification for making the stop. The officer must
be able to articulate more than an ‘inchoate and
unparticularized suspicion or 'hunch' of criminal activity.”
Illinois v. Wardlow, 528 U.S. 119, 123-24 (2000) (citations omitted).
Definition of Probable Cause
“Probable cause exists where the facts and
circumstances within their [the officers']
knowledge and of which they had reasonably
trustworthy information [are] sufficient in
themselves to warrant a man of reasonable caution
in the belief that’ an offense has been or is being
Brinegar v. United States, 338 U.S. 160, 175-76 ( 1949) (quoting Carroll v. United States, 267 U.S. 132, 162 (1925)).
 The taking of a person into custody in the manner
authorized by law.
 Arrested person may be subjected to reasonable
 There must be probable cause or a warrant to
 If the arrest is lawful, the person may be searched.
Arrests and Detentions
• When does seizure occur?
– Reasonable person would believe that he/she is
not free to leave
• Physical application of force or submission to
officer’s show of force
• What is required for arrest?
– Probable Cause – what is it?
• When is a warrant not required?
Arrest without a Warrant?
• Most common form of arrest.
• Courts have held that to require a warrant
for every arrest is impractical.
• Police generally may not enter a private
home to make a warrantless arrest.
• Exception to above is when exigent
circumstances exist.
How does a police officer obtain an
• A written order issued by a judicial officer
upon a showing of probable cause
commanding the arrest of a particular
• May take some time
• Approval by a prosecutor
• Confidential Informants?
• Some jurisdictions allow the use of
telephonic arrest warrants.
Issues surrounding arrest
• Stop and Frisk: What is it?
• How does the 4th Amendment direct police
officers during interaction with
suspects….or those who may become
• What is “reasonable and articulable
Deadly Force
• Deadly force is a seizure
• Significant threat to officer or others
• Shocking to the conscience
Terry v. Ohio
• On the continuum of contacts…this falls
between a mere street encounter (no
intrusion by law enforcement) and arrest
(custody, substantial intrusion by law
• Where intrusiveness is minimal, the
standard of “reasonable and articulable
suspicion” is sufficient.
• Developed the concept of stop and frisk.
Temporary Questioning?
• Temporary detention for questioning is not
an arrest.
• If police restraint goes beyond that which is
reasonably necessary for questioning, the
temporary detention may ripen into an
• Example………
• Detention is ordinarily for a fairly short
duration before it becomes an arrest.
What are the rules during a “temporary
• Investigative Stop: Police may temporarily detain a
person if officer has a reasonable suspicion that
criminal activity may be involved.
• Frisk: The officer may pat down the individual for
weapons ONLY if the officer has additional reasonable
suspicion that the pat down is necessary for safety
• So….may an officer “pat down” a suspect if the officer
“reasonably and articulably” believes that the suspect
may possess drugs on his person? Why?
Searches in Foreign Countries/Border
Fourth Amendment does not apply to searches/seizures by US
Officials in foreign countries involving non-US Citizens.
National sovereignty doctrine removes Fourth Amendment
protections to non-citizens and citizens alike at the border or
border equivalent.
Roving Patrols near the border – what is okay?
Exclusionary Rule
• Prohibits evidence obtained in violation of
constitutional rights.
Exclusionary Rule - Exceptions
• Inevitable Discovery
– Would have inevitably be discovered through
lawful means
• Good Faith
– Officers acting honestly and unaware acting in
violation of rights – usually with defective
• Some states do not have this exception