Arrest, search and seizure category court cases

Question 1

U.S. v. Mendenhall - how did the respondent consent?

Answer 1

Voluntary search of her person

Question 2

What was the outcome of the Miranda v. AZ?

Answer 2

The Miranda Rights

Question 3

What case provided for the 14-day break in Miranda custody ?

Answer 3

Maryland v. Shatzer

Ohh shit we need to wait for 14 days”

Question 4

What court case deals with consensual, voluntary nature of confessions?

Answer 4

Creager v. State

Hint: Creager was full of Crap

Question 5

Court case that dealt with an imminent escape issue?

Answer 5

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

Question 6

Case law - absent exigency, PO may not make a warrantless entry for a routine felony arrest.

Answer 6

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.

Question 7

Case law - establishes exigency for enter to break a violent law

Answer 7

Brigham City, Utah v. Stuart

exigent circumstances such as breaking up a violent fight permit warrantless entry into dwelling without a warrant.

Question 8

Case law - POs cannot create exigency

Answer 8

Kentucky v. King

PO cannot create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment.

Question 9

Court case - subjective good faith of PC alone is not enough.

Answer 9

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.”

Question 10

Court case - PC is factual and practical, not legal technicality

Answer 10

Illinois v. Gates

Hint: I Guess it’s good enough, for a regular person

Question 11

Court case - temporary limited stop to investigate a crime

Answer 11

Terry v. Ohio

Hint: Time Out to figure things out

Question 12

Court case - required to ID themselves, detained v. arrested

Answer 12

Brown v. Texas

Hint: illegal immigrants ID-ed in Brownsville, TX

Question 13

Court case - on a tip from an informant, you can approach and remove a weapon from a certain place on someone

Answer 13

at waistband

Adams v. Williams
Hint: At Waistband

Question 14

Case law - allow for temporary stop and frisking

Answer 14

Terry v. Ohio

Question 15

Case law - search the passenger compartment of a vehicle

Answer 15

Michigan v. Long

Hint: Officer Long reaching for a gun in the passenger’ compartment

Question 16

Case law - allows contraband found during a frisk that it was immediately apparent, can be admissible

Answer 16

Minnesota v. Dickerson

Question 17

Case law - defendant’s right to challenge evidence collected when a warrant was based on a false statement

Answer 17

Franks v. Delaware

Hint: Faulty Frank, Frankly, Del was Aware about the false statement

Question 18

Case law - requiring PO to make their presence know prior to executing a search warrant

Answer 18

Wilson v. Arkansas

Hint: Wack on A door

Question 19

Case law - allow us to enter location if POs are refused entry

Answer 19

U.S. v. Banks

Entering USAA bank.

Question 20

Case law - demonstrating reasonable suspicion that knock and announce would be useless

Answer 20

Hudson v. Michigan

Hint: HMM… they are not opening; Huggin Sons with Missing Guns is useless

Question 21

Case law - permissible scope of a search incident to arrest

Answer 21

Chimel v. CA

Hint: Chimes are permitted in California; submarines with chimney scopes are off California’s coast

Question 22

What case law was a FORMER standard for searching a vehicle incident to arrest?

Answer 22

New York v. Belton

Hint: new belt tightly wraped around the entire car

Question 23

What case law was a CURRENT standard for searching a vehicle incident to arrest?

Answer 23

Arizona v. Gant

Hint: Grumpy Ants are searching for cars in hot Arizona

Question 24

What case law allows for the search of a readily mobile vehicle?

Answer 24

Carroll v. U.S.

Hint: Chrismas Carrolling throughout US in readily mobile vehicles

Question 25

Case law - lessened expectation of privacy in MV

Answer 25

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.

Question 26

Referenced case law allowing an officer to search an entire vehicle including closed containers?

Answer 26

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.

Question 27

Referenced case law allowing an officer to search passengers?

Answer 27

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.

Question 28

Case law - voluntary abandonment must be independent of PO misconduct

Answer 28

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.

Question 29

Case law - exclusionary rule to all levels of court

Answer 29

Mapp v. Ohio

Hint: Oh! spread it all over the map)

Question 30

Case law - exclusionary rule to evidence indirectly obtained

Answer 30

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.