Criminal Law Assignment: Fourth Amendment, Arrest, and Seizure

This document is a comprehensive solution to a criminal law assignment focusing on the Fourth Amendment and its implications on detentions and arrests. It defines key terms such as 'affidavit of arrest,' 'arrest warrant,' 'common law,' 'exigent circumstances,' 'felony,' 'misdemeanor,' and more. The assignment addresses critical legal concepts including 'seizure,' 'investigatory stops,' 'probable cause,' and 'reasonable suspicion.' It explores the consequences of violating the Fourth Amendment, the requirements for investigative stops and arrests, and the application of the 'Terry Stop' and 'plain feel' doctrine. The document also covers issues related to arrest warrants, exigent circumstances, and the use of force, providing a detailed analysis of the legal standards and requirements for valid arrests and searches. Furthermore, the assignment provides a detailed understanding of the Fourth Amendment, including the legal boundaries of law enforcement authority and the rights of individuals. The document also includes a list of the bibliography sources.

Running Head: Criminal Law 0
[Criminal law]
2019
Criminal Law
Student Credentials

Criminal Law 1
Define:
Affidavit Arrest:
Also known as the Arrest report, it is an affidavit that is filled by the officer in charge under
oath, stating information about the facts of the arrest and observations made before and after
(USLegal, 2019).
Arrest warrant:
It is a warrant issued by a competent authority such as a magistrate or judge, for the arrest of
an accused only with a reasonable cause. It acts as a notice to the person being arrested of the
arrest and the charges one is accused of, and on the other side; it also protects citizens from
any unlawful arrests under Fourth Amendment (Legal Information Institute, 2019).
Common law:
Law made out of past cases and situations or by the universal consent of people. In other
words, it is the law ‘created’ by the judges in order to cover areas uncovered by statutes
(upcounsel, 2019).
Exigent circumstances:
As per the Criminal Procedure of the country, situations where there is imminent danger
expected soon, to either an individual, property or even some evidence in custody or situation
as such, that needs a swift action as soon as possible by the authorities is known as an
Exigent Circumstance. In such circumstances, an arrest warrant is not required at the time of
arrest (Legal Informmation Institute, 2019).

Criminal Law 2
Felony Fresh pursuit:
It refers to the pursuit of the law on some reasonable doubt by the authorities of suspicion
upon a person for committing a felony. Even when no felony has been yet committed, but
might as per the suspicion of the authorities, a Felony Fresh Pursuit can be implied by the
enforcement officer (LAW Writer Ohio Laws and Rules, 2019).
Hot pursuit
It is a part of Common Law of US, also considered as an Exigent Circumstance. It refers to a
pursuit of a felon or a hostile military force that is trying to escape the country. According to
the laws, an arrest can be made without warrant in such circumstances without violating the
Fourth Amendment prohibition (Merriam-Webster, 2019).
Investigatory detention:
An investigatory detention is when a police officer detains an individual for a brief time
period for investigation purposes (Duhaime's Law Dictionary, 2019).
Investigatory stop:
When an individual is suspected to have committed a crime based upon an explainable and
specific fact, a non-intrusive brief stop is conducted by a law enforcement officer, it is known
as an Investigatory Stop (Legal Information Institute, 2019).
Misdemeanour:
When a crime in comparison with a felony is of low seriousness, usually punished with
monetary fines is known to be a misdemeanour. Larceny, Battery and assault are a few
examples of misdemeanours (LaMance, 2019).

Criminal Law 3
Pretextual traffic stop
When a law enforcement officer stops a vehicle using unimportant traffic laws and tries
snooping around with suspicion of a criminal activity being related to that particular vehicle
is known to be a pretextual traffic stop (Blanks, 2019).
Probable Cause:
The adequate reason required by the police or the law enforcement officer to arrest an
individual or act upon suspicion against a person is known as the probable cause (Find Law,
2019).
Racial profiling:
Targeting or suspecting a person based upon a stereotypical assumption or behaviour of an
individual on the basis of their race is known as Racial Profiling (Ontario Human Rights
Commission, 2019).
Reasonable grounds:
These are the basis (information/facts) upon which a law enforcement officer or anyone with
similar authority over the other (Suspect) is bound to believe that a certain criminal act is
going to be or has been committed (Law Insider, 2019).
Reasonable suspicion:
It refers to a suspicion of a criminal act being committed or about to be committed, due to
past activities or any facts and circumstances.
Seizure Show of legal authority:
It refers to an individual being stopped, searched or frisked under a reasonable suspicion by a
law enforcement officer without any freedom to leave.

Criminal Law 4
Terry Stop:
Brief detainment by police officers upon a reasonable suspicion is known as Terry Stop.
Voluntary Encounter:
It refers to an encounter with the law enforcement officers where the individual is free to
leave.
ANSWER THE FOLLOWING DISCUSSION QUESTIONS:
What consequences ensue from violating the Fourth Amendment?
The evidences from such a situation cannot be used in any criminal case against such person
whose 4th amendment rights are violated.
Define the term “seizure” and describe the two ways in which a seizure can be
effectuated.
Seizure is when either a person is stopped by a police officer: 1- due to suspicion of a
criminal activity or, 2- When officer has an arrest warrant against the person.
Seizure can be put into force when: 1- When the person voluntarily submits to the seizure
process when police officer asks him to.
2- By force.
What Fourth Amendment grounds are necessary for an investigative stop? For an
arrest?
Reasonable grounds or an arrest warrant.
How are the reasonable suspicion and probable cause standards similar? How do they
differ?
Similarities include: Suspicion of possible guilt, Process is same to analyse the presence of
suspicion and the source is same of the evidence.
Difference: More and well-grounded evidence is required in probable cause.

Criminal Law 5
What was the first case to recognize investigative stops as a distinct category of seizure?
What two rules did that case lay down?
In Terry. V. Ohio these two rules were laid down: 1- Reasonable Suspicion should be there to
stop a suspect. 2- Frisking could be carried out only if there is a suspicion of arms being
involved or as such (Justia US Supreme Court, 1968).
What two things are required for a lawful frisk? Describe the scope and intensity of
search activity permitted for a frisk.
A lawful frisk is supposed to be non-intrusive and brief. As per Brown v. Illinois, the court
stated that to make evidence admissible three things are to be considered: 1- Involving
circumstances, 2- Secular Proximity and 3- atrocity and purpose of official misconduct
(Legal Information Institute, 2019).
What is the “plain feel” doctrine?
This doctrine allows police to seize contraband that can easily be identifiable by touch or a
pat without a warrant during a legal search (USLegal, 2019).
What limitations exist on the duration of Terry stops?
Unnecessary elongation of time during such stop or ddelaying it to investigate matters above
the scope.
What four requirements does the Fourth Amendment impose for a valid checkpoint
stop? Give examples of what is meant by a “special need.”
Special need refers to situations requiring extraordinary need for law enforcement, for
example: protection from illegal trespassing on borders, obstructing runaway prisoners and as
such.
Requirements: 1- special need cases, 2- Authorization from a supervisor position department,
3- systematic procedure of selecting vehicles to stop and 4- shall be conducted so that
inconvenience, harm or fear shall not be felt by the motorists.
What is the test for probable cause?
A particular piece of evidence that links a criminal activity with a suspect is a probable cause.

Criminal Law 6
When does the Fourth Amendment require an arrest warrant?
Establishment of probable cause, specific details regarding a person or under oath
information about where to search or location and as such require an arrest warrant.
What three requirements does the text of the Fourth Amendment impose for a valid
arrest warrant?
In these three requirements: 1- When as per the magistrate existence of probable cause is
there for an arrest, 2- Magistrate’s decision is supported by information provided under oath
and 3- warrant has specific description of the person to be arrested.
What two Fourth Amendment requirements are generally necessary to arrest someone
inside their own home?
1- Police has to knock and let the person know before any forced entry is done.
2- A warrant to search or for arrest should be there.
What three Fourth Amendment requirements are generally necessary to arrest someone
inside another person’s home?
Hot Pursuit, Exigent Circumstances and Absent Consent.
What locations are considered “homes” under the Fourth Amendment? Are front
porches included within protection of the home for the sake of determining whether a
warrant is necessary to make an arrest?
Homes refer to citizen’s private properties and the front porches are also included in the
protection provided by the fourth amendment.
What constitutes “exigent circumstances”?
Circumstances as such, danger to a young child or possibility of a property being destructed.
When is deadly force permitted?
In self-defence or for protection of others from bodily harm.
What is a felony? What is a misdemeanour?
Felony: Serious Criminal offences as murder or attempt to murder, rape, and as such or
serious nature and with a potential jail term of more than a year.

Criminal Law 7
Misdemeanour: Criminal offences with a potential jail term of a year or less (Generally
satisfied with monetary fines).
Bibliography
Blanks, J. (2019, April 5). A Pretextual Traffic Stop Should Require Sufficient Pretext.
Retrieved October 5, 2019, from CATO AT LIBERTY:
https://www.cato.org/blog/pretextual-traffic-stop-should-require-sufficient-pretext
Duhaime's Law Dictionary. (2019). Investigative Detention Definition. Retrieved October 5,
2019, from Duhaime's Law Dictionary:
http://www.duhaime.org/LegalDictionary/I/InvestigativeDetention.aspx
Find Law. (2019). Probable Cause. Retrieved October 5, 2019, from Find Law:
https://criminal.findlaw.com/criminal-rights/probable-cause.html
Justia US Supreme Court. (1968). Terry v. Ohio, 392 U.S. 1 (1968). Retrieved October 6,
2019, from Justia US Supreme Court:
https://supreme.justia.com/cases/federal/us/392/1/
LaMance, K. (2019, April 3). What is a Misdemeanor Crime? Retrieved October 5, 2019,
from Legal Match:
https://www.legalmatch.com/law-library/article/misdemeanors.html
Law Insider. (2019). Definition of Reasonable grounds. Retrieved October 5, 2019, from Law
Insider: https://www.lawinsider.com/dictionary/reasonable-grounds
LAW Writer Ohio Laws and Rules. (2019). Definition of fresh pursuit and state. Retrieved
October 2019, 2019, from LAW Writer Ohio Laws and Rules:
http://codes.ohio.gov/orc/2935.29v1
Legal Information Institute. (2019, October 5). Arrest Warrant. Retrieved October 5, 2019,
from Legal Information Institute: https://www.law.cornell.edu/wex/arrest_warrant
Legal Information Institute. (2019). Investigatory stops. Retrieved October 5, 2019, from
Legal Information Institute: https://www.law.cornell.edu/wex/investigatory_stops
Legal Information Institute. (2019). Stop and Frisk. Retrieved October 6, 2019, from Legal
Information Institute: https://www.law.cornell.edu/wex/stop_and_frisk
Legal Informmation Institute. (2019, October 5). Exigent Circumstances. Retrieved October
5, 2019, from Legal Informmation Institute:
https://www.law.cornell.edu/wex/exigent_circumstances

Criminal Law 8
Merriam-Webster. (2019). Hot Pursuit. Retrieved October 5, 2019, from Merriam-Webster:
https://www.merriam-webster.com/dictionary/hot%20pursuit
Ontario Human Rights Commission. (2019). What is racial profiling? Retrieved October 5,
2019, from Ontario Human Rights Commission: http://www.ohrc.on.ca/en/what-
racial-profiling-fact-sheet
upcounsel. (2019, October 5). Common Law: Everything You Need to Know. Retrieved
October 5, 2019, from upcounsel: https://www.upcounsel.com/legal-def-common-law
USLegal. (2019, October 5). Affidavit of Arrest Law and Legal Definition. Retrieved October
5, 2019, from USLegal: https://definitions.uslegal.com/a/affidavit-of-arrest/
USLegal. (2019). Plain-Touch Doctrine Law and Legal Definition. Retrieved October 6,
2019, from USLegal: https://definitions.uslegal.com/p/plain-touch-doctrine/