Con Crim Pro

Question 1

Probable Cause to arrest

and its accompanying Test

Answer 1

when the officer has knowledge of reasonably trustworthy information
for which he reasonably relies on to believe an offense has been or is being committed by the person to be arrested

Totality of circumstances test

Standard of Certainty for Probable Cause

> “There’s no accuracy standard. If there’s an error in factual judgment, the question is, was that mistake reasonable?”

Question 2

Challenges to Prbable Cause

Answer 2

Staleness

Probable cause can go stale just because it exist one day but not later down the line

Hearsay and Informants

Hearsay means information not received by law enforcement first hand

• info from someone not present
• anonymous

Question 3

Open Field Doctrine

Answer 3

No reasonable expectation of Privacy

• generally accessible
• Not where private or intimate activity occurs

Question 4

Curtilage

And the Dunn Factors

Lawful vantage point exception

Answer 4

Curtilage is an extension of the home

• receives fourth amendment privacy protections afforded to the home

Four variables in determining whether an area is **curtilage
1. proximity to the home
2. whether the area is inlcuded within an enclosure surrounding home
3. nature of the use of the area
4. steps taken to protect area from observation

Ciraolo: Acquiring a private plane to view inside the curtilage is not a search
because they observed it from a lawful vantage point

Question 5

Warrant Requirments

Answer 5

Sufficient particularity: The warrant must describe the items to be seized and the places to be searched with sufficient particularity.

Affidavit An affidavit sworn to by the officer must establish probable cause.

Neutral magistrate The affidavit must be presented to a neutral magistrate for review.

Question 6

Exigent Circumstances

Answer 6

Exigent Circumstances Requires the Government to Show
1. PC to search
2. Some Exigency or Need to Act without securing a warrant
3. and for home entries a gov interest that is of sufficent magnitude to outweigh risk to privacy

Exception include:
- Hot pursuit
- emegency aid
- preventing destruction of evidence

Question 7

Consent

Thrid party consent, explain

Answer 7

Voluntary permission given by the owner or occupant of a premises to search the area.

wrinkles:
- consent must be voluntarily given

**- thirdy party consent **- gov must prove person had common authority to consent based on mutual use of the property by persons havein joint access or have reasonable belief that the person consenting had authority over the premises

Question 8

Implicit Consent

Answer 8

• pathways leading up to you doors
• Have implied consent to enter property that is needed to accomplish an everday person

Question 9

Scope of Search Incident to Arrest

Balancing test, what to Balance in determining reasonabless

Answer 9

Arrestee’s Person: The search of the arrested individual’s body.

Police can search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or there is reason to believe the vehicle contains evidence of the offense or arrest.## Searches Incident to a Lawful Arrest 🚨

Level of Intrusion: The degree to which the search invades the individual’s privacy.

Government Interest: The purpose of the search, such as officer safety or evidence preservation.

breathalyzer vs Phone search

Question 10

Vehicles

What is considered a vehicle

Answer 10

General Rule: where there is PC to search an automobile on a public road, an immediate search is constitutionally permissible or the car may be seixed and held without a warrant for whatever period is necessary to obtain a warrant for the search

wrinkles
- delay of search cannot be indefinite
- auto exeption does not authorize entry into curtilage
- auto exemption allows officers to search a vehicle without a warrant whenever there is PC to beleive it contains contraband
-

vehicles being used on highways or that are readily capable of such use and is found stationary in a place not regularly used for residential purposes is subject to warrantless search under the auto expception
rule - motor homes are subject to the auto exceptiono inherent mibility and reduced expectaiton of privacy - cali v. carney

Question 11

Auto Exemptions (Containers)

Answer 11

Rule: police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained

Wrinkle - once an item (luggage or footlocker)is in police control and no longer mobile there is no exigency to justifiy a warrantless search US v. Chadwick

Question 12

Plain View Doctrine

when can officer seize or search item

Answer 12

Rule: as long as the officer is lawfully present at the location where the evidence is in plain view and has probable cause of the evidences incriminating nature

Wrinkle:

when the officer has probable cause

Question 13

Government Action

Answer 13

To invoke Fourth Amendment protections, a search or seizure must involve government action. This means that:

Governmental Conduct: The action must be carried out by a government official, such as a law enforcement officer, or by a private individual acting at the direction of or in concert with the government.

Private Conduct Alone: private conduct does not trigger 4th amendment protections unless the private party is acting as an intrument or agent of the government

Question 14

Test for whether a search has occurred

factors to consider

Answer 14

Was there a physical intrusion with the intent to obtain information.
- If yes then its a search,
Factors to consider
ie. in home, curtilage, open field, public space

• If no, was there a legimate expectation of privacy?
  Subjective: did the person have an actual expectation of privacy
  Objective: Is this an expectation of privacy society is prepared to recognize as reasonable

Factors to Consider
Ie, third party information - info shared with other people or co-conspirators
General Use Tech - it the tech used to gather info in general use by the public
Social norms

Question 15

Should not be on midterm for me(jj)

Investigatory Stops

Terry Stops

Terry Frisk

Answer 15

Investigatory stops (Terry Stops) are lawful when officers have a reasonable suspicion that an individual is engaged in criminal activity.

After a Terry stop, officers may conduct a brief and cursory pat down of the individual’s outer clothing in search of a deadly weapon if the totality of the circumstances would justify a reasonable person to suspect that the individual poses a danger to the officers or others

Question 16

Which Amendment incorporates the bill of rights to the states?

Answer 16

14th Amendment

Question 17

Third party Doctrine

Answer 17

No REOP in information voluntarily given to thrid parties
ie, recording devices that records conversations, Pen registers, snitches,

Question 18

Sense Enhancing Tech.

Answer 18

The use of sense enhancing technology not within general use to obtain information within a home (that could otherwise not be obtained without physical intrusion) constitutes a search.

Question 19

Probable Cause to Search

Answer 19

Probable cause exists where the officer has a reasonable belief, based on the facts and circumstances with the officer’s knowledge, that something
is properly subject to seizure by the government and there is a fair probability it will be in the specific place to be searched when the search occurs