2019 Criminal Evidence - Part 3

Question 1

The 4 Categories of Seizable Things

Answer 1

Contraband
Evidence
Fruits of the Crime
Instrumentalities of the Crime

Question 2

Warden V. Hayden

Answer 2

Before Hayden, some courts held that “mere evidence” could only be seized if police had a search warrant whereas fruits, instrumentalities, and contraband were subject to warrantless seizure (assuming no taint from previous activity) Hayden rejected this distinction.

Question 3

Evidence

Answer 3

May be used to describe Contraband, Fruits, Instrumentalities. When a rule applies to evidence it means all of the types of seizable materials.

Question 4

Three Requirements for Seizures

Answer 4

• Lawful Access
• Immediately Recognizable Character
• PC to Associate the Item with Criminal Activity

Question 5

Harris V. US

Answer 5

Held an item seized during lawful access to an impounded vehicle since the officer had a right to be in the area where he viewed the evidence.

Question 6

For any seizure to be lawful, the seizing officer must have a ______ ______ of access to _______ and seize the evidence

Answer 6

lawful right, discover

Question 7

Bond V. US

Answer 7

Court held physically manipulating a bag on a bus constituted an unreasonable search. (Item was not immediately recognizable as contraband)

Question 8

A seizure will not be _______ if the officer was only able to ______ an object as being contraband, fruits, instrumentalities or evidence by engaging in an ______ _____. The nature of the item must be ________ _______.

Answer 8

reasonable, identify, unjustified search, immediately apparent.

Question 9

Every seizure must be based on probable cause to connect the item with some _______ ___.

Answer 9

Criminal Act.

Question 10

Abandoned Property

Answer 10

After property has been abandoned, the suspect can no longer claim any subjective expectation of privacy or possessory interest in it, no would society recognize any such expectation as legitimate.

Question 11

California V. Greenwood

Answer 11

Court held people cannot maintain a legitimate expectation of privacy in trash that has been moved to the curb for removal.

Question 12

Open Fields

Answer 12

Exception to search warrant requirement.
An individual has no expectation that open fields will remain free from warrantless intrusion by government officers (Oliver V. US)

Question 13

The Four Requirements for Open Fields

Answer 13

1. Proximity of the area claimed to be curtilage to the home.
2. Whether the area is included within an enclosure surrounding the home.
3. The nature of the uses to which the area is put
4. The steps taken by the resident to protect the area from observation by people passing by.

Question 14

US V. Dunn

Answer 14

Established 4-part test to determine if property was curtilage.

Question 15

Curtilage

Answer 15

the area to which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life. (Boyd V. US.)

Question 16

No Fourth Amendment violation occurs if officers are in a place where ___________ and make observations of ________ within the curtilage.

Answer 16

they have a right to be, illegal objects or activities.

Question 17

California V. Ciraolo

Answer 17

Held no violation of 4th Amendment using airspace over a fenced in structure near the residence to view marijuana because it was exposed to public view.

Question 18

Third Party Delivery

Answer 18

When a criminal entrusts incriminating property to a third party, they risk it may be turned over to officials, and if it does so it may be seized.

Question 19

US V. Jacobsen

Answer 19

FedEx employees found a broken parcel which they examined in order to do a damage report and found suspected drugs. They told DEA who took possession and tested the material which tested positive for cocaine.

Court Held parcel was lawfully obtained by FedEx and testing the drugs was not an unlawful search.

Question 20

In some jurisdictions, privacy _______ may place __________ on the release of subscriber records by utility companies, financial institutions, other kinds of businesses and governmental agencies.

Answer 20

statutes, restrictions

Question 21

US V. Miller

Answer 21

No legitimate expectation of privacy in materials voluntarily shared with a third party, including a bank.

Question 22

Police may _______ take possession of contraband or instrumentalities turned over by a _______ party.

Answer 22

lawfully, third

Question 23

Illinois V. Andreas

Answer 23

Supreme Court case in which a controlled delivery went inside a residence. Agents already knew what was inside the box so reopening what they had already searched was not a search.

Question 24

Reopening a _______ container once tis contents have been lawfully determined does not require a ______ or exception, provided the suspect has not had an opportunity to remove the contents.

Answer 24

closed, warrant

Question 25

Plain View

Answer 25

Criminals who expose evidence of their criminality in plain view do not exhibit the expectation of privacy. An officer’s plain-view observation allows an immediate seizure of items when there is PC to associate them with criminal behavior.

Question 26

Horton V. California

Answer 26

During a search warrant officers saw items of evidence not listed in the warrant. The seizure was legal because the officers saw them in plain view.

Question 27

Seizable objects in _____ _____ of an officer who has lawful access and PC to connect the objects with criminal conduct can be seized without a _______.

Answer 27

plain view, warrant

Question 28

Plain Feel

Answer 28

In limited circumstances, police officers may be justified in touching or feeling an object that is not in plain view. IE a consensual search, or justifiable pat down for weapons. Item must be immediately recognizable.

Question 29

Minnesota V. Dickerson

Answer 29

During a pat search officer’s felt a lump in a pocket during a pat search which the officer identified as crack cocaine. Suppressed because search continued after ruling out a weapon but established Plain Feel doctrine existed.

Question 30

The “plain feel” exception allows _________ seizure of lawfully felt items that are immediately apparent as seizable property.

Answer 30

warrantless

Question 31

Plain Shape

Answer 31

Similar to Plain View, holds some containers cannot hold a reasonable expectation of privacy because their contents can be inferred from their outward appearance. The shape and design of the container might at times be enough.

Question 32

If an officer can ______ reasons to believe that the appearance of a particular container betrays its contents as something that can be _____, the seizure may be justified under the “plain shape” doctorine.

Answer 32

articulate, seized

Question 33

Plain Smell

Answer 33

A K9 sniff at a New York airport did not constitute a search. The only issue that may exist is how long an item is detained to allow a K9 to smell the item.

Question 34

Illinois V. Caballes

Answer 34

A K9 sniff does not require any specific RAS to conduct, a dog smelling for narcotics does not infringe on any reasonable expectation of privacy.

Question 35

A discovery made through _____ ____ does not constitute a search and can provide __ for a seizure of evidence where police have lawful access.

Answer 35

plain smell, PC

Question 36

Florida V. Harris

Answer 36

A trained dogs apert on a lawfully stopped vehicle is probable cause to search. Not necessary to produce records of a dog’s previous “hits” and misses”

Question 37

Plain Hearing

Answer 37

Where an undercover officer or an informant lawfully overhears something incriminating, or where a criminal carelessly exposes incriminating conversations to police or members of the public, the Fourth Amendment exclusionary rule does not require suppression of testimony or lawful recordings.

Question 38

Hoffa V. US

Answer 38

Held an undercover officer listening to Hoffa plan to bribe jurors did not violate the Fourth Amendment. (Does not allow high tech listening devices.)

Question 39

Use of Enhancement Devices

Answer 39

Use of devices that merely allow officers to do more efficiently or more reliably what they could already lawfully do with the use of their natural senses generally do not implicate the Fourth Amendment.

Question 40

Illumination and Magnification

Answer 40

Whatever could lawfully be seen in plain view from a closer vantage point can lawfully be scene from a surveillance position that conceals the observing officer, even though binoculars or telescopes are used to enhance vision. Likewise, anything that can be seen in daylight, can lawfully be seen during darkness by use of flashlights or spotlights.

Question 41

Texas V. Brown

Answer 41

Found shing a flashlight in a vehicle to see what’s in it is permissible under the Fourth Amendment.

Question 42

Surveillance and routine observations of objects and activities exposed to plain view can lawfully be aided by the use of _______, _________, ________. and _________.

Answer 42

binoculars, telescopes, flashlights, and spotlights.

Question 43

Kyllo V. US

Answer 43

Thermal imaging of a residence is a search for which a warrant is required.

Question 44

Lopez V. US

Answer 44

Held officers, informants can audio record conversations they can hear without other devices.

Question 45

Silverman V. US

Answer 45

Held using a “spike mike” to penetrate the wall of an adjoining unit of a duplex and listen to the incriminating conversations violate the Fourth Amendment because it involved an actual physical intrusion into a zone of privacy.

Question 46

Three ways to gain access to confidential communications.

Answer 46

A court order, search warrant, or consent of one of the parties to the communication.

Question 47

Use of a pen-register and trap and trace devices must be authorized by a _____ ____.

Answer 47

Court Order (Title 18, Section 3121)

Question 48

US V. Knotts

Answer 48

Company placed concealed a “beeper” which allowed law enforcement to track the item. Since it was no different than following on a public way, no warrant was required.

Question 49

US V. Karo

Answer 49

A beeper installed in a chemical container was used to track the activities of narcotics suspects. A search warrant was issued after it ended up in a destination residence and a cocaine lab was discovered.

Court found since it went into private areas a warrant would be needed to review in private areas.

Question 50

US V. Jones

Answer 50

Supreme Court only looked at installation of the device on a vehicle in a public place. Found it was a “trespass” for the purpose of obtaining information.

Question 51

GPS tracking constitutes a _______ if police have to make a physical attachment to the suspect’s vehicle or other property then monitor his locations and movements

Answer 51

search

Question 52

US V. Place

Answer 52

A bag was held for 90 minutes to allow a dog sniff for the bag. Court held the 90 minutes for the dog was too long but held items can be detained while PC is gathered to seize it. (Reasonable Suspicion is required.)

Question 53

First Amendment Materials

Answer 53

Requires Scrupulous exactitude
The special rule for seizure of published or films materials therefore is that a search warrant should be obtained before the initial seizure, or UC purchase.
Only one item should be seized and delivered to the magistrate, and upon suspect request a post seizure hearing should be held.

Question 54

First Amendment materials receive heightened protection against ______ and ______ and require special ______ not generally applicable to most evidentiary seizures.

Answer 54

search and seizure, precautions

Question 55

Soldal V. Cook County, Illinois

Answer 55

Trailer seized during an unlawful eviction. Supreme Court held that the Fourth Amendment was not limited to criminal cases, but protected people’s possessory interests in property from unreasonable seizures.