4TH AMENDMENT  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.

4TH AMENDMENT  Reasonable suspicion is a legal standard of proof in United States law that is less than probable causelegal standard of proofUnited States law probable cause

4TH AMENDMENT  Probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest.

4TH AMENDMENT  Probable cause must be based on factual evidence and not just on suspicion.based on factual evidence

4TH AMENDMENT  Most probable cause sources can be placed into four categories.  These categories are: 1) Observation 2) Expertise 3) Information 4) Circumstantial

4TH AMENDMENT TThis is information that the officer obtains through their senses, such as sight, smell or hearing. This category is also used when an officer detects a familiar pattern of criminal activity that contains suspicious behaviors (i.e., flashing headlights, circling around a certain neighborhood.) OBSERVATION:

4TH AMENDMENT TThese are skills that officers are specially trained in, such as: being able to read gang graffiti and tattoos, detecting tools that are used in burglaries or knowing when certain movements or gestures indicate that a criminal activity is about to occur. EXPERTISE:

4TH AMENDMENT SStatements provided by witnesses and victims, information provided by informants, and announcements made through police bulletins and broadcasts. INFORMATION:

4TH AMENDMENT TThis is indirect evidence that implies that a crime has occurred but does not directly prove it. CIRCUMSTANTIAL EVIDENCE :

4TH AMENDMENT  For a judge to issue a search warrant, probable cause must show that it is likely that a crime took place and the person who is accused was involved in the criminal activity.probable cause must show that it is likely that a crime took place

4TH AMENDMENT  If a search or arrest is made without a warrant, it must meet the standard of probable cause to be admissible in court.

4TH AMENDMENT  Evidence obtained through searches and seizures made without probable cause can not be used against a defendant in court.

4TH AMENDMENT  Arrest: Takes place when a person suspected of a crime is taken into custody.  An arrest is considered a seizure under the 4 th Amendment.

4TH AMENDMENT  Two ways a police officer can arrest:  1) With an arrest warrant issued by a judge Or 2) With probable cause (absent an arrest warrant)

4TH AMENDMENT  Arrest Warrant: A court order commanding that the person named in it be taken into custody. A warrant is obtained by filing a complaint before a judge.

4TH AMENDMENT  What is a Stop? Can one be stopped and not frisked? Or does one action always follow another?

4TH AMENDMENT  A stop is a seizure of a person.  There are two types of stops: (1.) a show of force and (2.) a show of authority.

4TH AMENDMENT  With a show of force, an officer must physically lay hands on the person with the intent of detaining them.

4TH AMENDMENT  In a show of authority, the officer's look, demeanor, and display of authority persuades a person to submit to authority.  The key element in this type of stop is that the individual must submit to the show of authority, believe they have been seized, and feel compelled to cooperate.

4TH AMENDMENT  A Justified Stop:  A stop is justified if the suspect is exhibiting any combination of the following behaviors:

4TH AMENDMENT  Appears not to fit the time or place.  Matches the description on a "Wanted" flyer.  Acts strangely, or is emotional, angry, fearful, or intoxicated.  Loitering, or looking for something.  Running away or engaging in furtive movements.  Present in a crime scene area.  Present in a high-crime area (not sufficient by itself or with loitering).

4TH AMENDMENT  What is a Justified Frisk?  A frisk is a type of search that requires a lawful stop.  It involves contact or patting of the person's outer clothing to detect if a concealed weapon is being carried.  The frisk doesn't necessarily always follow a stop. CAN A FRISK TURN INTO A SEARCH???

4TH AMENDMENT  What can you search?  The brief safe

4TH AMENDMENT  The law of frisk is based on the "experienced police officer" standard whereby an officer's experience makes him more equipped to read into criminal behavior than the average layperson.

4TH AMENDMENT  The purpose of a frisk is to dispel suspicions of danger to the officer and other persons.  The frisk should only be used to detect concealed weapons or contraband.  If other evidence, such as a suspected drug container, can be felt under the suspect's clothing, it can be seized by the officer.  This is called the "plain feel" doctrine. To pass the plain feel test, the item must have an immediately apparent character or quality of being contraband or evidence.

4TH AMENDMENT  A frisk is justified under the following circumstances:  Concern for the safety of the officer or of others.  Suspicion the suspect is armed and dangerous.  Suspicion the suspect is about to commit a crime where a weapon is commonly used.

4TH AMENDMENT  Officer is alone and backup has not arrived.  Number of suspects and their physical size.  Behavior, emotional state, and/or look of suspects.  Suspect gave evasive answers during the initial stop.  Time of day and/or geographical surroundings (not sufficient by themselves to justify frisk).