Arrest, search and seizure category court cases Flashcards
U.S. v. Mendenhall - how did the respondent consent?
Voluntary search of her person
What was the outcome of the Miranda v. AZ?
The Miranda Rights
What case provided for the 14-day break in Miranda custody ?
Maryland v. Shatzer
Ohh shit we need to wait for 14 days”
What court case deals with consensual, voluntary nature of confessions?
Creager v. State
Hint: Creager was full of Crap
Court case that dealt with an imminent escape issue?
Frye v. State
(PO need only show that he reasonably believed escape was imminent and no time to procure a warrant).
Hint: Flying Frye, Fleeing
Case law - absent exigency, PO may not make a warrantless entry for a routine felony arrest.
Payton v. New York
absent exigent circumstances, a PO may not make a warrantless entry into a suspect’s home to make a routine felony arrest.
Case law - establishes exigency for enter to break a violent law
Brigham City, Utah v. Stuart
exigent circumstances such as breaking up a violent fight permit warrantless entry into dwelling without a warrant.
Case law - POs cannot create exigency
Kentucky v. King
PO cannot create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment.
Court case - subjective good faith of PC alone is not enough.
Beck v. Ohio Beck is not faithful
The probable cause test, then, is an objective one meaning that, for there to be probable cause, the facts must be such as would warrant a belief by a reasonable man.” “If subjective good faith alone (of probable cause) were the test, the protection of the Fourth Amendment would evaporate, and the people would be ‘secure in their persons, houses, papers, and effects’ only in the discretion of the police.”
Court case - PC is factual and practical, not legal technicality
Illinois v. Gates
Hint: I Guess it’s good enough, for a regular person
Court case - temporary limited stop to investigate a crime
Terry v. Ohio
Hint: Time Out to figure things out
Court case - required to ID themselves, detained v. arrested
Brown v. Texas
Hint: illegal immigrants ID-ed in Brownsville, TX
Court case - on a tip from an informant, you can approach and remove a weapon from a certain place on someone
at waistband
Adams v. Williams
Hint: At Waistband
Case law - allow for temporary stop and frisking
Terry v. Ohio
Case law - search the passenger compartment of a vehicle
Michigan v. Long
Hint: Officer Long reaching for a gun in the passenger’ compartment
Case law - allows contraband found during a frisk that it was immediately apparent, can be admissible
Minnesota v. Dickerson
Case law - defendant’s right to challenge evidence collected when a warrant was based on a false statement
Franks v. Delaware
Hint: Faulty Frank, Frankly, Del was Aware about the false statement
Case law - requiring PO to make their presence know prior to executing a search warrant
Wilson v. Arkansas
Hint: Wack on A door
Case law - allow us to enter location if POs are refused entry
U.S. v. Banks
Entering USAA bank.
Case law - demonstrating reasonable suspicion that knock and announce would be useless
Hudson v. Michigan
Hint: HMM… they are not opening; Huggin Sons with Missing Guns is useless
Case law - permissible scope of a search incident to arrest
Chimel v. CA
Hint: Chimes are permitted in California; submarines with chimney scopes are off California’s coast
What case law was a FORMER standard for searching a vehicle incident to arrest?
New York v. Belton
Hint: new belt tightly wraped around the entire car
What case law was a CURRENT standard for searching a vehicle incident to arrest?
Arizona v. Gant
Hint: Grumpy Ants are searching for cars in hot Arizona
What case law allows for the search of a readily mobile vehicle?
Carroll v. U.S.
Hint: Chrismas Carrolling throughout US in readily mobile vehicles
Case law - lessened expectation of privacy in MV
United States v. Chadwick
Hint: Chad had less expectation for Wick
The warrantless search of motor vehicles is permitted by the courts because persons have a lessened expectation of privacy in a motor vehicle due to its inherent mobility and the fact that it is driven on public roads where its occupants and contents are open to view.
Referenced case law allowing an officer to search an entire vehicle including closed containers?
California v. Acevedo
Hint: In California, Avocados are transported in closed containers
The officer may search the entire MV, bumper to bumper, and any container therein in which the contraband would fit.
Referenced case law allowing an officer to search passengers?
Wyoming v. Houghton
Hint: Why, my Hough is a passenger? Huffy Hough was asking: “Why the passengers?”
If PC to stop MV, all subsequent searches of its contents are legal as well.
Case law - voluntary abandonment must be independent of PO misconduct
Comer v. State
Hint: comer policia abandonada
For criminal procedure purposes, the relevant inquiry is whether the actor, by dispossession himself of the property has so relinquished his “reasonable expectation of privacy” in that property that a subsequent gov inspection and appropriation of that property cannot be said to constitute a “search and seizure” within the meaning of the 4th.
Case law - exclusionary rule to all levels of court
Mapp v. Ohio
Hint: Oh! spread it all over the map)
Case law - exclusionary rule to evidence indirectly obtained
Silverthorne Lumber Co. v. United States
Hint: Silver Lumber is indirect and exclusive
Extended the exclusionary rule to evidence not only directly obtained as a result of unconstitutional police behavior but also to evidence indirectly obtained.
