Constitutional protection of accused persons - Arrest, search and seizure

Learning Outcomes

After reading this article, you will be able to identify when constitutional protections apply to arrests, searches, and seizures under the Fourth Amendment. You will understand the requirements for warrants, exceptions to the warrant rule, the exclusionary rule, and how these principles are tested on the MBE. You will be able to apply these rules to typical MBE scenarios and avoid common exam pitfalls.

MBE Syllabus

For the MBE, you are required to understand the constitutional rules governing the protection of accused persons during arrest, search, and seizure. This includes:

• The scope and application of the Fourth Amendment.
• The requirements for valid arrests and the distinction between arrests and investigatory stops.
• The warrant requirement for searches and seizures, and recognized exceptions.
• The exclusionary rule and its limitations.
• The standards for probable cause and reasonable suspicion.
• The rules for consent, plain view, and exigent circumstances.
• The effect of improper search or seizure on admissibility of evidence.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is required for a valid arrest under the Fourth Amendment?
   1. A warrant in all cases
   2. Probable cause that a crime has been committed
   3. Reasonable suspicion of criminal activity
   4. Consent of the accused
2. Evidence obtained from a warrantless search of a home will generally be excluded unless:
   1. The search was incident to a lawful arrest
   2. The officer had reasonable suspicion
   3. The officer was acting under a state statute
   4. The search was conducted by a private citizen
3. The exclusionary rule does NOT apply in which of the following situations?
   1. Grand jury proceedings
   2. Criminal trials
   3. Motions to suppress evidence
   4. Police conduct that shocks the conscience

Introduction

The U.S. Constitution provides significant protection to individuals accused of crimes, especially during arrest, search, and seizure. The Fourth Amendment is the primary source of these protections, limiting government action and setting standards for law enforcement conduct. Understanding when these protections apply, and the consequences of violations, is essential for MBE success.

Fourth Amendment: Scope and Application

The Fourth Amendment protects against unreasonable searches and seizures by government actors. It requires that searches and seizures be reasonable and, in most cases, supported by a warrant based on probable cause.

Key Term: Fourth Amendment The constitutional provision protecting individuals from unreasonable searches and seizures by the government.

Arrests: Probable Cause and Warrants

An arrest occurs when law enforcement takes a person into custody for prosecution or interrogation. The Fourth Amendment requires that arrests be based on probable cause—a reasonable belief that a crime has been committed and that the person arrested committed it.

Key Term: Probable Cause A reasonable belief, based on facts, that a crime has been committed and the person to be arrested committed it.

A warrant is generally required for arrests in a person's home, but not for arrests in public places. Exceptions exist for exigent circumstances, such as hot pursuit or risk of evidence destruction.

Investigatory Stops: Reasonable Suspicion

Brief stops (Terry stops) are permitted on reasonable suspicion that criminal activity is afoot. These stops allow for a limited frisk for weapons if the officer reasonably believes the person is armed and dangerous.

Key Term: Reasonable Suspicion A specific, articulable basis for suspecting criminal activity, less than probable cause but more than a mere hunch.

Searches and Seizures: Warrant Requirement and Exceptions

A search occurs when the government intrudes on a reasonable expectation of privacy. A seizure is a meaningful interference with a person's possessory interests in property or freedom of movement.

Key Term: Search Government intrusion into an area where a person has a reasonable expectation of privacy.

Key Term: Seizure Government interference with a person's property or freedom of movement.

A warrant is required for most searches and seizures, especially in homes. The warrant must be issued by a neutral magistrate, based on probable cause, and must describe the place to be searched and items to be seized with particularity.

Exceptions to the Warrant Requirement

Warrantless searches and seizures are permitted in specific situations, including:

• Search incident to lawful arrest (limited to area within immediate control).
• Automobile exception (probable cause to believe a vehicle contains evidence).
• Consent (voluntary and by someone with authority).
• Plain view (officer lawfully present and evidence is immediately apparent).
• Exigent circumstances (hot pursuit, risk of evidence destruction, emergency).
• Stop and frisk (limited pat-down for weapons on reasonable suspicion).

The Exclusionary Rule

Evidence obtained in violation of the Fourth Amendment is generally inadmissible in the prosecution's case-in-chief. This is known as the exclusionary rule. The rule is subject to several limitations and exceptions.

Key Term: Exclusionary Rule The principle that evidence obtained in violation of the Constitution is inadmissible in criminal prosecution.

Limitations and Exceptions

The exclusionary rule does not apply in:

• Grand jury proceedings.
• Civil cases.
• Parole revocation hearings.
• Cases where police act in good faith reliance on a defective warrant.

Evidence may also be admissible if it would have been inevitably discovered, was obtained from an independent source, or the connection to the illegal search is sufficiently attenuated.

Worked Example 1.1

Police, without a warrant, enter a suspect's home after hearing screams and seeing smoke. They find illegal drugs in plain view and seize them. The suspect moves to suppress the evidence at trial. Is the evidence admissible?

Answer: Yes. The entry was justified by exigent circumstances (possible emergency), and the drugs were in plain view during a lawful entry. No warrant was required.

Worked Example 1.2

An officer stops a car for speeding and, during the stop, smells marijuana. The officer searches the car's trunk and finds contraband. The driver challenges the search. Was the search valid?

Answer: Yes. The automobile exception allows a warrantless search of a vehicle if there is probable cause to believe it contains evidence of a crime.

Exam Warning

The exclusionary rule does not apply to evidence offered in grand jury proceedings or civil cases. Do not assume all illegally obtained evidence is always excluded.

Revision Tip

Always identify whether the search or seizure was conducted by a government actor. The Fourth Amendment does not apply to purely private searches.

Key Point Checklist

This article has covered the following key knowledge points:

• The Fourth Amendment protects against unreasonable searches and seizures by government actors.
• Arrests require probable cause; warrants are needed for arrests in the home unless an exception applies.
• Investigatory stops require reasonable suspicion, not probable cause.
• Searches and seizures generally require a warrant, but several exceptions exist.
• The exclusionary rule bars evidence obtained in violation of the Fourth Amendment, but has important exceptions and limitations.
• The exclusionary rule does not apply in grand jury proceedings, civil cases, or where police act in good faith reliance on a warrant.

Key Terms and Concepts

• Fourth Amendment
• Probable Cause
• Reasonable Suspicion
• Search
• Seizure
• Exclusionary Rule