Term
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Definition
| Physical evidence, statements, eyewitness testimony |
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Term
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Definition
| Protects against unreasonable search and seizure; warrants may issue upon probable cause supported by oath or affirmation and describing with particularity |
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Definition
| Protects against self-incrimination; may not be deprived of liberty without due process of law |
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Definition
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Term
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Definition
| protection from state deprivation of privileges an immunities; guarantees equal protection; protection from state deprivation of due process |
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Term
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Definition
| Invasion of any reasonable expectation of privacy |
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Term
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Definition
People, not places, are protected by the 4th Amendment
Test:
1. A person has to exhibit a reasonable expectation of privacy (subjective)
2. The expectation has to be reasonable (objective) |
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Term
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Definition
| extended Katz test to include those things specifically enumerated in the constitutions - papers, effects, homes |
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Term
| Definitions of home, curtilage and open fields in regard to the 4th Amendment |
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Definition
Home -always need a warrant to search
Open Fields - public, do not need a warrant to search
Curtilage - treated the same as home |
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Term
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Definition
Proximity of the area
Structures
Use of the property
Steps taken to prevent observation |
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Definition
| Not a 4th Amendment violation because marijuana plants were visible to the naked eye and officers were in navigable airspace |
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Definition
| What is voluntarily conveyed to the public does not have a reasonable expectation of privacy |
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Definition
| was not a search until the item entered the house - do not have a reasonable expectation of privacy in activities within curettage, just a reasonable expectation of privacy from police entering the curtilage |
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Term
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Definition
| Overnight guest has a reasonable expectation of privacy within the home |
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Term
| Categories of police contact with a citizen |
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Definition
1. Consensual encounter
2. Stop - reasonable suspicion
3. Arrest - probable cause |
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Term
| Three categories of search |
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Definition
1. No REP - no justification
2. Frisk - reasonable belief that person is armed
3. Full-search - probable cause |
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Term
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Definition
| stop-and-frisk - open palm pat down requires reasonable suspicion |
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Term
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Definition
| Applies Terry to automobiles - reasonable belief that driver or passenger is armed and dangerous can do a frisk of the car - look where occupants have access |
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Term
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Definition
| Protective sweep is a Terry frisk of the home - look anywhere a confederate may be lurking |
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Term
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Definition
| Several cases - subjective, but movement of he individual to another place is a detention |
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Term
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Definition
| Defendant's flight from officers in a high crime area was enough to give rise to reasonable suspicion |
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Definition
| presence alone in a high crime area is not enough to give rise to reasonable suspicion |
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Term
| Difference between arrest and seizure |
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Definition
| An arrest is always a seizure, but a seizure is not always a arrest |
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Term
| In determining an arrest from a seizure |
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Definition
1. Length of detention (no bright line rule)
2. Place of detention |
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Term
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Definition
1. Probable cause
2. A warrant - unless in public or exigent circumstances |
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Term
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Definition
| Can be made without a warrant as long as there is probable cause |
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Term
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Definition
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Term
| What is required to arrest a guest at someone's home |
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Definition
| A search warrant as well as an arrest warrant because there is a reasonable expectation of privacy |
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Term
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Definition
1. Hot pursuit
2. Immediate destruction of evidence
3. Officer inure or danger to others
4. Prevention of escape |
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Term
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Definition
1. How serious was the offense?
2. Level of suspicion - has to at least be probable cause
3. Was a warrant required?
4. Was force reasonable as expected by a reasonable officer on the scene? |
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Term
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Definition
1. Terry stop - frisk if believed suspect is armed and dangerous
2. Search incident to arrest - limited to wingspan (includes containers |
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Term
| Searches of an automobile |
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Definition
1. Frisk - if there is a belief there are weapons
2. Search incident to arrest if arrestee is recent occupant AND:
a. if there is access at time of search
b. reasonable belief there is evidence of crime of arrest |
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Term
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Definition
1. Protective sweep - Terry frisk of home - belief confederates may be lurking
2. Search incident to arrest- wingspan, but entire room including containers |
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Term
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Definition
To conduct search incident to arrest in a vehicle:
1. Arrestee must have access to the vehicle at the time of the search
2. Police have reasonable belief that vehicle contains evidence of the crime of arrest |
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Term
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Definition
1. How serious was the offense?
2. Level of suspicion - has to at least be probable cause
3. Was a warrant required?
4. Was force reasonable as expected by a reasonable officer on the scene? |
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Term
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Definition
1. Terry stop - frisk if believed suspect is armed and dangerous
2. Search incident to arrest - limited to wingspan (includes containers |
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Term
| Searches of an automobile |
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Definition
1. Frisk - if there is a belief there are weapons
2. Search incident to arrest if arrestee is recent occupant AND:
a. if there is access at time of search
b. reasonable belief there is evidence of crime of arrest |
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Term
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Definition
1. Protective sweep - Terry frisk of home - belief confederates may be lurking
2. Search incident to arrest- wingspan, but entire room including containers |
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Term
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Definition
To conduct search incident to arrest in a vehicle:
1. Arrestee must have access to the vehicle at the time of the search
2. Police have reasonable belief that vehicle contains evidence of the crime of arrest |
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Term
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Definition
| Significant interference with a possessory interest or significant interference with the movement of a person |
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Term
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Definition
| When a reasonable person would not feel free to leave |
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Term
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Definition
| Must submit to a show of authority or there is no seizure |
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Term
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Definition
| Would a reasonable person feel free to terminate the encounter? |
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Term
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Definition
| Seizure occurs when a reasonable person would not feel free to leave |
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Term
| Dropped items during an legal seizure |
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Definition
| Dropped items during flight are not the fruit of an illegal seizure because a seizure violation cannot occur until someone has actually been seized |
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Term
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Definition
Rakas test:
1. Was there a reasonable execration of privacy in the area?
2. Was there a possessory interest in the item seized? |
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Term
| Government action requirement |
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Definition
| 4th Amendment applies only to governmental entities |
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Term
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Definition
1. Did the government know and acquiesce to the private behavior?
2. Did the private individual do it with the motive of helping law enforcement rather than private interest? |
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Term
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Definition
| Whether at the time of the arrest, facts and circumstances within the officer's knowledge and of which they have trustworthy information were sufficient to warrant a reasonably prudent man in believing the target had committed or was committing a crime - There is no definition, but closer to the 50% mark, and cannot establish after the fact |
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Term
| Three ways officers get information |
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Definition
1. Perceive it (sensory)
2. Informant - learn it from someone else
3. Learn if from other officers |
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Term
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Definition
| any inference that everyone on the scene of a crime is a party to it must disappear as soon as the guilty party is singled out |
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Term
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Definition
| after execution of a search warrant, there must be a sufficiently individualized suspicion to pat down |
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Term
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Definition
| As long as the officer had probable cause to make a stop , the fact that the officer was using the stop as a pretext to do something he could not lawfully do does not matter |
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Term
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Definition
Gates test - totality of circumstances
1. Credibility - reputation, tip against interest, is nature of tip reliable
2. Reliability - personal observation or participation, detail, whether nature of tip is reliable, corroboration of the information |
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Term
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Definition
| Anonymous tip was sufficiently corroborated to create probable cause |
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Term
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Definition
| NEVER rise to probable cause alone, an only be basis of reasonable suspicion |
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Term
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Definition
1. Probable cause
2. Supported by affidavit
3. Particularity
4. Neutral and detached magistrate |
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Term
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Definition
| Application, issuance, execution |
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Term
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Definition
| "at this time unknown" in a warrant refers to evidence relating to the specific crime, not any crime in general |
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Term
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Definition
| "objectively reasonable mistake" does no invalidate a search warrant - remember Los Angeles v. Rettele (where officers made mistake with naked couple was an objectively reasonable mistake) |
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Term
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Definition
Error must be:
1. Intentional
2. Reckless falsity
3. Omission
Fruits of a warrant do not save a warrant |
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Term
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Definition
1. Search incident to arrest
2. Automobile exception
3. Exigent circumstances
4. Plain view doctrine
5. Protective sweep
6. Consent
7. Special needs search |
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Term
| Search incident to arrest |
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Definition
| Automatically valid anytime police make a lawful arrest of an individual - U.S. v. Robinson bright line rule |
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Term
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Definition
| Search incident to arrest is limited to wingspan (including containers) |
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Term
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Definition
| If there is probable cause a vehicle may contain contraband or evidence, then an officer may search a vehicle without a warrant |
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Term
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Definition
1. Automobile exception
2. Search incident to arrest
3. Terry frisk of cars
4. Inventory search |
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Term
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Definition
Doctrine applies when officer will be unable to effectuate arrest, search, or seizure without quick action
1. Need probable cause
2. Must be exigent circumstances to justify warrantless action |
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Term
| Kinds of exigent circumstances (U.S. v. McDonald) |
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Definition
| grave nature of ongoing crimes; presence of loaded weapons, likelihood suspects are using narcotics; clear and immediate threat to officers or others; likelihood suspect will escape; urgent need to prevent loss of evidence |
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Term
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Definition
| When police entered because they believed a man was injured, this was an exigent circumstance |
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Term
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Definition
| Police can create an exigency and act on that exigency as long as they are not violating the 4th Amendment |
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Term
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Definition
Inventory search, regulatory searches
Purpose of search must be regulatory over law enforcement interest |
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Term
| Who has a lessened expectation of privacy |
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Definition
| students, probationers, and parolees |
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Term
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Definition
1. Knowing
2. Intelligent
3. Voluntary - police are not required to tell a person hey have the right to say no |
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Term
| Exclusionary rule and consent |
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Definition
| If consent is the fruit of an unlawful seizure, then the consent is not voluntary one you are illegally seized |
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Term
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Definition
| Who is the person that actually has the ability to exclude or say no to the search - there is an overlap of who has authority and who has an expectation of privacy |
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Term
| Doctrine of apparent authority |
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Definition
| Would a reasonable officer under the circumstances believed the party had actual authority to consent? (Illinois v. Rodriguez) |
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Term
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Definition
| what would the reasonable person have understood by the exchange between the officer and suspect - U.S. v. Dichiarinte - reading tax records exceeded search for narcotics |
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Term
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Definition
| Police cannot use to give rise to reasonable suspicion or probable cause |
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Term
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Definition
| May do away with need for waiver besides beginning talking |
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Term
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Definition
| If there is a constitutional violation, then the evidence cannot be used against an individual at trial |
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Term
| Four areas where there is no good faith |
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Definition
1. Affiant supplies false information
2. Magistrate abandoned neutral role
3. Affidavit is lacking in indicia of probable cause
4. Warrant is facially deficient is particularity |
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Term
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Definition
| courthouse clerk mistake is a good faith exception |
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Term
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Definition
1. Officer's error must rise beyond simple negligence
2. Excluding evidence would contribute to deterrence |
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Term
| Grounds for suppressing statements |
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Definition
1. Whether statements are obtained from an unlawful detention - 4th A
2. Whether statement was involuntary or coerced - 5th A
3. Whether statement was compelled - 5th A
4. Right to counsel violation - 6th A |
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Term
| When a confession violates due process? |
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Definition
1. Did police subject the suspect to coercion? (objective)
2. Was the coercion sufficient to overcome the person's will? (subjective) |
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Term
| Four areas where there is no good faith |
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Definition
1. Affiant supplies false information
2. Magistrate abandoned neutral role
3. Affidavit is lacking in indicia of probable cause
4. Warrant is facially deficient is particularity |
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Term
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Definition
| courthouse clerk mistake is a good faith exception |
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Term
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Definition
1. Officer's error must rise beyond simple negligence
2. Excluding evidence would contribute to deterrence |
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Term
| Grounds for suppressing statements |
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Definition
1. Whether statements are obtained from an unlawful detention - 4th A
2. Whether statement was involuntary or coerced - 5th A
3. Whether statement was compelled - 5th A
4. Right to counsel violation - 6th A |
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Term
| When a confession violates due process? |
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Definition
1. Did police subject the suspect to coercion? (objective)
2. Was the coercion sufficient to overcome the person's will? (subjective) |
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Term
| Difference between compulsion and coercion |
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Definition
| Compulsion is discouraging silence and making it difficult to assert their 5th A right. Coercion is extreme measure taken to undercut a person's free will |
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Term
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Definition
1. Clearly informed of right to remain silent
2. Anything said can be used in court
3. You have a right to a lawyer and have a lawyer present
4. A lawyer will be appointed if you cannot afford one |
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Term
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Definition
| When you are in a police dominated environment, it is inherently compelling |
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Term
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Definition
| Defendant must make an invocation of the right to remain silent |
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Term
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Definition
| invoking right to counsel means that police cannot interrogate on other matters - all questioning must cease |
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Term
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Definition
| When a statement is taken with a Miranda violation, the constitutional violation does not occur until it is introduced at trial |
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Term
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Definition
| Right to counsel attaches when there is a commitment to prosecute |
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Term
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Definition
| cannot deliberately elicit incriminating statements from a defendant without giving the defendant the opportunity to consult with counsel |
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Term
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Definition
| Can always approach defendant after counsel is appointed for a waiver - not Edwards protected like Miranda |
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Term
| Three kinds of identifications |
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Definition
| Show-up, line-up, photo arrays |
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Term
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Definition
| line up in not a 5th amendment violation, but can be a 6th if counsel is already appointed - line ups are a critical stage |
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Term
| "unneccessary suggestiveness" |
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Definition
| gives rise to a substantial likelihood of misidentification - is a due process violation |
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Term
| 5th amendment violation in identification |
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Definition
| makes out-of-court and in-court identifications suppressible |
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Term
| 6th amendment violation in identification |
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Definition
| only out-of-court id is suppressible |
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Term
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Definition
| created factor test for due process violation in identifications |
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Term
| Factor test for effect of suggestive identification |
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Definition
1. Opportunity of witness to view the criminal at the time of the crime
2. Degree of attention paid to the witness
3. Accuracy of prior description
4. Level of certainty
5. Time between the time and confrontation |
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Term
| Exceptions to the exclusionary rule |
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Definition
1. Inevitable discovery rule
2. Independent source
3. Attenuation of the taint
4. Good faith |
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