Rhode Island Jury Instruction - 2.2.2 Fourth Amendment Claim Citizen Alleging Unlawful Arrest - Unlawful Search - Excessive Force
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FAQ
Generally, a search or seizure is illegal under the Fourth Amendment if it happens without consent, a warrant, or probable cause to believe a crime has been committed.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
What constitutes an illegal search and seizure? Generally, a search or seizure is illegal under the Fourth Amendment if it happens without consent, a warrant, or probable cause to believe a crime has been committed.
Why is the probable cause requirement the most important component of the Fourth Amendment? Because it lies at the heart of police officers' authority to search, seize, and make arrests.
A warrantless arrest may be justified where probable cause and urgent need are present prior to the arrest. Probable cause is present when the police officer has a reasonable belief in the guilt of the suspect based on the facts and information prior to the arrest.
Stop and Frisk If an officer reasonably suspects that criminal activity is being or will be committed in public, the Fourth Amendment allows them to stop the person. The officer can then perform a limited search of the suspect's clothing. Such a search is known as a stop and frisk or a Terry Stop.
There are four categories into which evidence may fall in establishing probable cause. These include observational, circumstantial, expertise, and information: Observational evidence is based on what the officer sees, smells, or hears.
United States, the U.S. Supreme Court defines probable cause as "where the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed."