LAW 393 Lecture Notes - Lecture 3: Exclusionary Rule, Misdemeanor, Miranda Warning
Arrest. When is an arrest reasonable?
When it is based upon probable cause. No warrant is required. Probable cause that a law has been
violated
Arrest. When is a warrant required?
A warrant is required when a police officer makes a non-emergency arrest in a private home.
Arrest. What is probable cause?
There are reasonable grounds for believing that a crime has been committed and that the suspect
committed the crime.
Arrest. What if you find drugs in a car or a reasonably sized room full of people?
That is probable cause to arrest everyone in the room or car.
Arrest. How to approach an arrest question.
State the rule.
State the purpose behind the rule.
Apply the facts, argue both sides and reach a conclusion.
Arrest. What must happen if an arrest is made without a warrant?
There must be a prompt determination of probable cause by a judicial officer within 48 hours or less.
Arrest. Special Tennessee Issue. Under common law and existing Tennessee law, an arrest warrant is
generally required when?
An arrest warrant is required for an arrest of a misdemeanor not committed in the officer's presence.
However, this is not a violation of the fourth amendment if they do.
Arrest. What is the only remedy for an illegal arrest?
Suppression of evidence obtained as a result of that arrest. However, the charges are not dropped.
Search and Seizure. What right does the Fourth Amendment guarantee?
The Fourth Amendment guarantees the right to be free from unreasonable searches and seizures.
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SS. When does the Fourth Amendment apply?
The Fourth Amendment protects from governmental intrusions into areas where there is a reasonable
expectation of privacy.
SS. Is a dog sniffing the outside of a car an intrusion?
No. So long as the amount of time was reasonable. Same in Tennessee
SS. Is a dog sniffing on the front porch of the house a search?
Yes. Same in Tennessee.
SS. Is setting up infrared equipment a search?
Yes. You need probable cause to set up the equipment. The key here is that the equipment is high tech
and not widely available to the public.
SS. Is attaching a GPS to a car a search?
Yes.
SS. Tennessee law. Is the use of a drone a search?
Yes. Under Tennessee law, the use of a drone is a search.
SS. Under Tennessee law, when does an officer seize a person?
Under Tennessee law, an officer seizes (implicates the Fourth Amendment) someone when they activate
the blue lights on their car, orders the person to stop and then pursues the person when they flee. This
is not considered a seizure under Federal law.
SS. Under what circumstances does the Fourth Amendment protect against governmental intrusions?
The Fourth Amendment protects against governmental intrusions where a person has a reasonable
expectation of privacy.
SS. Who does the Fourth Amendment protect the rights of?
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The Fourth Amendment only protects people with the privacy right. Thus, a guy visiting his neighbors
house is not protected from a seizure under the Fourth Amendment because he does not live there.
SS. When does a defendant have a reasonable expectation of privacy?
A person has a reasonable expectation of privacy if the person owns or has a possessory interest in the
place to be searched.
SS. Is there a reasonable expectation of privacy in garbage we put out?
No.
Is there a reasonable expectation of privacy in an open field?
Yes, because the police can fly over it.
Would the Fourth Amendment be implicated in a bum's hideout?
Yes.
SS. What is required for the police to have a valid warrant?
1. The warrant must be based on probable cause.
2.
What is probable cause for a search and seizure context? Remember this rule
There are reasonable grounds to believe that a legitimate item of seizure is located in a particular place.
Special issue. Use of Informants. What is the older rule (Aguillar/Spinelli)?
Probable cause can be established based on information from informant as long as:
1. Information provided to establish that the informant was reliable; and
2. Provide facts upon which the informant based their information.
Special Issue. Use of Informants. New Rule. Gates.
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Document Summary
Probable cause that a law has been violated. A warrant is required when a police officer makes a non-emergency arrest in a private home. There are reasonable grounds for believing that a crime has been committed and that the suspect committed the crime. That is probable cause to arrest everyone in the room or car. Apply the facts, argue both sides and reach a conclusion. There must be a prompt determination of probable cause by a judicial officer within 48 hours or less. An arrest warrant is required for an arrest of a misdemeanor not committed in the officer"s presence. However, this is not a violation of the fourth amendment if they do. Suppression of evidence obtained as a result of that arrest. The fourth amendment guarantees the right to be free from unreasonable searches and seizures. The fourth amendment protects from governmental intrusions into areas where there is a reasonable expectation of privacy.
