Case Law 2 Flashcards
Lemons V. Texas
Implied consent, consent without saying anything.
Kuciemba V. Texas
Totality of circumstances can lead to arrest, police don’t have to witness the actual crime.
Brown V. Texas
Resulted in Penal Code: Failure to Identify. Don’t have to identify self if detained, but can’t give a fake name.
In the matter of P.M.
A frisk only requires that a reasonable suspicion be that weapons are present.
Ohio V. Robinette
Detention is only for as long as investigative purposes take. NOT a fishing expedition. In Texas can only hold until info from a 27/29 comes in.
Allen Vs. Texas
Plain View Seizures
US v. Edwards
Allowed to search in jail and seize potential evidence.
US v. Robinson
Search incident to arrest of individual
US v. Finley
Cell phone searches (calls & texts)
Carroll v. US
Created the automobile warrant exception
California v. Acevedo + Wyoming v. Houghton + Florida v. Jimeno
With PC to search a car, containers within car may also be searched.
US v. McSween/Henke/Reed
Odor of marijuana creates PC for search.
Arizona v. Gant
May search PASSANGER COMPARTMENT of vehicle incident to a recent occupants arrest if: 1) Reasonable to believe that the arrestee might access vehicle at time of search. 2) Vehicle contains evidence of the offense of arrest.
Knowles v. Iowa
May not search incident to citation
Michigan v. Long + Douglas v. Texas
Created protective frisk of vehicle passenger compartment.
US v. Garcia
Consent vehicle searches, may be thorough, and open hidden compartments.
Florida v. Wells
Must have standardized procedure concerning inventory vehicle searches.
Brendlin v. California
All passengers in vehicle are detained.
Arizona v. Johnson
Can frisk passenger with RS.
Payton v. New York
Exigent circumstances necessary to enter home without warrant.
Illinois v. Macarthur
May secure a scene while a search warrant is being sought.
Warden v. Hayden
Allows for entry in to house during hot pursuit of felon.
US v. Howard
Police may not create the exigency to enter a home.
California v. Greenwood
Garbage can be searched if left outside of curtilage.
US v. Matlock + Georgia v. Randolph
If area to be searched is owned by more than one person, consent is required from both present parties. If one denies consent, you may not search.
Bumper v. North Carolina
Search warrant trumps consent.
Florida v Jimeno
Vehicle consent search. “Objective reasonableness”
Douglas v Texas
Protective frisk of vehicle.
Colorado v Bertine
Inventory search opening closed containers.
Maryland v Wilson
May order passengers out during vehicle stop.
US v Bonner
Flight from vehicle stop
Richards v Wisconsin
Blanket exception for no-knock entries unconstitutional.
