POLI 3120 Lecture Notes - Lecture 9: Frisking, Flashlight, Hot Pursuit
22 May 2018
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I. 4th amendment
a. One of biggest freedoms we have in country
b. 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.
c. Fingerprints: the police don’t need a arrant to use your fingerprint to get into the
phone.
d. Land ownership is pretty big.. even conservative justices protect property and homes.
II. Iowa Constituion Article 1 Section 8
a. The right of the people to be secure in their persons, houses, papers and effects, against
unreasonable seizures and searches shall not be violated; and no warrant shall issue but
on probable cause, supported by oath or affirmation, particularly describing the place to
be searched, and the persons and things to be seized.
III. Warrant: a judge issues a search warrant to authorize law enforcement
IV. Probable cause: a requirement of a reasonable ground to suspect that a person is
committing or has commited a crime, or there is a fair probability that evidence of a crime
would be found in a certain location that is the subject of a search warrant
Exceptions to Warrant requirement:
1. Consent. Ask if they can search person, purse, or house.
2. Search incident to arrest/probable
a. If the cop believes and or has probable cause to arrest you, can search you as if he did
arrest you.
3. Plain view: if officer is in a place where they have a legal right to be and can see something, they
can do something.
a. Or plain sniff to the dogs
b. Can use a flashlight to shine in
c. Did the officer have a right to be there in the first place?
4. Terry search
a. Terry vs ohio.
b. Individuals have an expectation of privacy.
c. Cops see guys pacing back and forth in front of a store.
d. This area of ohio had a lot of burglaries and crime
e. Cop tried to intervene and grabbed terry.
f. Terry had a jacket and the police patted the guy
g. Police feels a gun and arrests him
h. Police did not have probable cause—had a hunch/ suspicion. Terry didn’t hae that.
i. If you have a reasonable ground or suspicion (lesser standrard than probable cause)
limited search to a patdown for weapons and contraband.
j. If an officer stops a car and there was no law violation, the officer can stop the person.
k. Reasonable grounds to stop the car: driving irradically. Cop has suspicion they are under
the influence. This is different than probable cause.
5. Automobile search
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