Additional stuff Flashcards
K-9 inspections in public
K-9 inspections in a public place don’t constitute a search or seizure under the 4th so long as the dog is lawfully present at the scene & the conduct is proper.
K-9 inspections at a checkpoint
Officers can’t lawfully run drug dogs around every car stopped at a checkpoint. This would strongly suggest an improper purpose.
How to determin curtilage
1) proximity to the home;
2) whether the area surrounding the home is enclosed
3) the nature of the uses of the area;
4) steps taken to protect the area from observation
Must a warrant specifically list the crimes officers are to investigate?
Warrants need to specify the crimes so they are not too open-ended as to allow officers to search for evidence of any crime.
Why must an affidavit of probable cause include a timeframe?
Info that evidence existed in the past might not help determine if the evidence is still there. Info that would allow a magistrate to determine the probability that probable cause still exists is needed
Who determins probable cause for a warrant?
Judges, not police officers, determine probable cause for a warrant
Where does the exclusionary rule apply?
Generally, the exclusionary rule applies only in criminal trials
REP & open feilds
There is no reasonable expectation of privacy in an open field, defined as any area that is not the home or curtilage, no matter what precautions an individual takes to ensure privacy.
Standard for a Franks hearing
Franks hearings do not need to meet a preponderance of the evidence standard, only some supporting evidence to raise a fair probability that both necessary findings are correct.
The search of a person during the execution of a warrant
although the police may detain a person during the execution of a search warrant, they must have specific authorization or an exception to the warrant requirement to search such a person
Timing of the ececution of a warrant
A warrant must be executed within a reasonable time after it is issued to ensure that the information upon which the probable cause determination was made does not become stale.
U.S. v. Knotts
Movements on public roads
it is not a search to use a tracker to observe movements on public roadways if the police do not trespass on a person’s property in installing the device.
Valid terry stops
an officer must have specific and articulable facts that give the officer reasonable suspicion that someone was committing or about to commit a crime.
What does offense specific mean?
The right is offense-specific, meaning that, once criminal prosecution has begun against a person for a certain crime, the Sixth Amendment right to counsel only applies with reference to that particular crime.
