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Constitutional Law > Constitutional Law Final > Flashcards

Constitutional Law Final Flashcards

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1
Q

Stop / Detainer is

A

a limited intrusion in to a person’s freedom to acquire info for investigatory purposes

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2
Q

Arrest is

A

restraint on a person’s liberty which includes summons, desk appearance ticket or traffic ticket

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3
Q

Search is unconstitutional or unreasonable if

A
  1. it requires a warrant
  2. without probable cause
  3. made using excessive force
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4
Q

Probable cause is

A

Sufficient evidence to show that a crime was committed and that defendant committed crime

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5
Q

3 layers of encounters

A 
1 Investigatory (lowest)
2 Detainer (articulable objective reason to stop)
3 Arrest (entitles officer stop from leaving, deprive of liberty and search)
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6
Q

A frisk can be conducted if

A

there is a reasonable belief that person is armed. must be obvious with first touch

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7
Q

Terry vs. OH

A

held that they did not need probable cause with articulable facts

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8
Q

MN vs Dickerson

A

expanded Terry Stop to include contraband

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9
Q

Roadblocks are constitutional if

A

1: must have defined purpose
2: carried out according to published guidelines
3: must be done with minimum inconvenience

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10
Q

3 requirements for warrant

A

1: probable cause
2: oath or affirmation
3: particularization

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11
Q

Entry on to private property

A

Must have a warrant which gives authorization to enter private home

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12
Q

Exceptions to arrest without warrant

A

1 Exigent circumstances, ( flight of defendant, destruction of evidence, danger to defendant, police or 3rd party)
2 Consent
3 Hot pursuit

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13
Q

Use of force acceptable when

A

1 Police must defend themselves
2 use of force equal to what is being used
3 to overcome resistance

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14
Q

NY promptness standard

A

can be held 5 days (felony) or 6 if over weekend

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15
Q

Traffic stop is valid if

A

1 on public highway
2 probable cause for traffic infraction
3 may issue a summons or warning
4 to search vehicle, must have probable cause

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16
Q

TN vs Garner

A

shot unarmed burglar to prevent from fleeing.

1: did suspect pose immediate threat to pd or others?
2: was deadly force necessary for escape or could be done other way?
3: did pd give some warning of intention to use deadly force?

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17
Q

Scott vs. Harris

A

using deadly force with his car

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18
Q

Payton rule

A

warrant needed to search home

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19
Q

A search is

A

Government intrusion into person’s privacy interest

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20
Q

A seizure is

A

Government intrusion into person’s possession interest

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21
Q

4th Amendment protects against unreasonable searches of

A

persons, papers and effects

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22
Q

No 4th amendment challenge if

A

no reasonable expectation of privacy

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23
Q

No privacy interest in

A

1 Place you do not live
2 In person
3 Property already exposed to public

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24
Q

Wire tap cases

A

Olmstead vs. US (tap down street)

Katz vs US (bookie and phone booth)

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25
Q

4 subjects constitutionally protected

A

1 Person and areas of body not exposed to public
2 In Homes (where you live/offices/transient lodgings)
3 In your papers (mail/hard drive/audio tape)
4 Your effects (personal property/wallet/phone)

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26
Q

2 types of searches

A

1 Warrant required: probable cause, facts must show particulars
2 Without warrant: probable cause

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27
Q

4 categories subject to search warrant

A

1: fruits of a crime
2: instrumentality of crime
3: contraband
4: mere evidence

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28
Q

Case defining particularization

A

Steele vs US (whiskey)

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29
Q

2 Prong Test for warrant issued based upon CI informant

A

Aguilar Spinelli test: credibility of CI and reliability of info

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30
Q

Case regarding CI info and totality of circumstances

A

IL vs. Gates

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31
Q

NY state court vs federal court follows what for CI

A

state: Aguilar Spinelli
federal: IL vs. Gates

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32
Q

No warrant is needed exceptions:

A

1: Consent
2: Search Incident to arrest
3: Exigent Circumstances
4: Inventory Search
5: Plain view
6: Terry stop frisk
7: Automobile Search
8: Abandoned property

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33
Q

Consent

A

Must be knowing, voluntary, of free will and by someone who has the authority to give

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34
Q

Search incident to arrest

A

Pursuant to lawful arrest

Limited to person and grabbable are

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35
Q

Exigent circumstances

A

1: need for immediate action (threat to safety of officer or general public)
2: threat of evidence being lost or destroyed
3: Hot pursuit

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36
Q

Hot pursuit case

A

Brigham City UT vs. Stewart

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37
Q

Plain view requirements

A

1: suspect must have demonstrated some kind of connection to property
2: must show reasonable expectation of privacy
3: how was evidence observed or perceived

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38
Q

When plain view requirement exist, items may be seized without a warrant if

A

1: officer must be lawfully present
2: must have unobstructed view of object
3: illegal nature of object must be readily apparent

if any missing must get warrant

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39
Q

Automobile stop

A

where vehicle stopped because of probable cause involved in a crime or because may contain contraband

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40
Q

Police may search entire care, bumper to bumper and any closed container if

A

Police believe car was involved in crime, would need probable cause to search occupants if they believe occupant was involved in crime

41
Q

Abandoned property

A

must show that defendant intended to disassociate themselves from property. Abandonment must be initiated by defendant

42
Q

Abandoned property case

A

People vs. Harris (police reason they discarded)

43
Q

Exclusionary rule

A

Remedy for constitutional violations

  • Prevents use of evidence unconstitutionally obtained
    1: Restores defendant to position they would have been in without evidence
    2: deters police from further violations
44
Q

Exclusionary rule case

A

Weeks vs. US (gambling)

Map vs. OH

45
Q

Fruit of poison tree

A

evidence found from illegal search

46
Q

Fruit of poison tree case

A

Wong Sun vs. US

47
Q

Exceptions to exclusionary rule

A

1: evidence would been found eventually
2: Good faith rule

48
Q

Good faith rule case

A

AZ vs. Evans

US vs. leon

49
Q

Use of illegal seized evidence

A

cannot be used as evidence of guilt but can be used for impeachment purposes (to show unbelievable)

50
Q

Forest Service Surveillance Camera Case

A

US vs. McGyver

51
Q

3rd Party Wire Tap Case

A

Hoffa vs. US

52
Q

Challenges to legality of evidence obtained by surveillance

A
  1. Does it occur in public
  2. Is activity / info exposed to a third party
  3. Does activity take place in a home
53
Q

Thermal imaging enhanced surveillance case

A

Kyllo vs. US

54
Q

Arial surveillance case

A

Dow Chem vs. US

55
Q

Tracking device case (GPS)

A

US vs. Jones

56
Q

Surveillance in home case (ether)

A

Carro vs. US

57
Q

Video surveillance case (hotel room)

A

US vs Lee

58
Q

Devices that only detect contraband

A
  1. Chemical testing

2. Drug sniffing dog

59
Q

Drug sniffing dog case

A

IL vs. Cabbaales

60
Q

Wiretap Act

A

Prohibits interception of protected communication without special court order called wiretap order

61
Q

Type of protected communications

A
  1. Wire Communications
  2. Oral communications
    3, Electronic Communications
62
Q

Interception is:

A

Acquisition of contents of a protected communication during the transmission of communication

63
Q

Wire Communication is:

A
  1. Transfer made in hole ro part by some facility for the communication by aid of wire, cable connection between point of inception and completion
  2. transfer of voice a-b using wire
  3. thru use of interstate communications facility
64
Q

Oral Communications is:

A
  1. uttered from 1 to another while exhibiting expectation of privacy
  2. live face to face
  3. expects not to be intercepted
  4. reasonable not to be intercepted
65
Q

Electronic Communication is

A

transmitted from point a-b, not voice and by means of wired device

66
Q

Requirement of Interception

A
  1. Protected communication
  2. acquire contents of communication during transmission
  3. by means of a device meant for that purpose (bug)
67
Q

Requirements of Wiretap

A
  1. Participating in a crime
  2. must be necessity
  3. Must have authorization from Attorney General
  4. Probable Cause
  5. Must designate duration of wiretap
  6. Contains access to premises
  7. Provision for minimization
  8. Disclosure of tap prohibited
68
Q

Exceptions to Wiretap rule

A
  1. Exigent circumstances - confronted with emergency of death or injury, conspiring to threaten US or conspiracy with organized crime
  2. must have objective belief that had there been time wiretap would have been approved.
  3. must make formal request within 48 hours
69
Q

Communication not regulated

A
  1. Conversation naturally overheard
  2. Lacking reasonable expectation of privacy
  3. Interception where one party consents
70
Q

Graveside wiretap case

A

kee vs. Rowlett

71
Q

Recorded conversation in squad car case

A

US. vs. Turner

72
Q

Stored communications act

A

allows for acquisition of conversations that have terminated

73
Q

Time limits on disclosing stored communications

A
  1. if less than 180 days, need search warrant

2. if older than 180 days, subpoena needed

74
Q

Amendments that protect us when gathering statements

A
  1. 4th Amendment prohibits illegal searches
  2. 5th Amendment prohibits self incrimination allows due process
  3. 6th Amendment affords right to counsel
  4. 14th Amendment states’ requirement to provide due process and 5th, 4th and 6th protections
75
Q

Statements gathered and used at trial must have been made:

A

Voluntarily

76
Q

Involuntary Statement Cases:

A

Beecher vs AL (gun to def’s head)

Brown vs. MS (whipping of def)

77
Q

When physical force is used to coerce statement, statement is deemed to be

A

Per se involuntary

78
Q

Types of undue influence or coercion

A

mental, sociological, emotional, familial, promises of immunity

79
Q

Types of coercive atmosphere

A

room temp, how many police in room, handcuffed?, no contact with others, how long without food, water, sleep

80
Q

The burden to prove that the statement made was voluntary is on:

A

the prosecutor

81
Q

Federal requirement to show voluntariness

A

voluntary by preponderance of evidence

82
Q

NY State requirement to show voluntariness

A

voluntary beyond a reasonable doubt

83
Q

Wong Sun Fruit of the poison tree SCOTUS holding to determine if statement was voluntary (3)

A
  1. what time passed between violation and obtaining of evidence?
  2. were there any intervening circumstances that broke the chain between 1st violation and confession?
  3. how bad was the violation?
84
Q

Federal prompt arraignment ruling case

A

McNabb vs. US (confession in violation if fed prompt arraignment rule is subject to suppression)
Mallery vs. US (reaffirmed)
Omnibus Crime Central Act (now not auto suppressed)

85
Q

Definition of confession

A

Statement where defendant admits to each element of a crime

86
Q

Definition of admission

A

Statement by defendant that is contrary to his interest (i.e. admits to being at same place/time)

87
Q

Voluntariness

A

Constitutional safeguards from 5th Amendment - cannot be compelled to be a witness against himself. Only after knowingly gives up their rights can they use statements against them

88
Q

Rights / Statement Case

A

Miranda vs. US (rape case. never advised he had right to attorney, signed statement in English but only spoke Spanish)

89
Q

Miranda Rights

A
  1. You have the right to remain silent
  2. Anything you say can and will be used against you in a court of law
  3. You have the right to an attorney and to have one present while you are being questioned
  4. If you cannot afford an attorney one will be provided without cost to you
90
Q

A defendant can re-invoke their rights at any time and conversation must

A

Cease

91
Q

Waiver of Miranda must be:

A
  1. Voluntary
  2. Knowingly and explicit
  3. aware of ramifications
  4. aware of their rights
92
Q

Custody

A

Being under arrest, having freedom of movement foreclosed, when not able to leave.

Would a reasonable person believe that they were not able to leave?

93
Q

Examples of custody

A

in isolation, display of weapons, number of police, handcuffed, in a cell, accusatory questioning

94
Q

Interrogation

A
  1. Any act by police which is reasonably likely to elicit an incriminating response from the defendant
  2. Questioning
  3. Need to specifically address an individual (speaking around them)
95
Q

Spontaneous / Gratuitous Statement Case

A

RI vs. Iness (I hope kids don’t find that gun…def confessed to location)
Brewer vs. Williams (played on Christian beliefs to get confession without lawyer present)

96
Q

Miranda Rights not needed if no:

A

Custodial Interrogation

97
Q

Public Safety Exception Case

A

NY vs. Quarles (chased id’d rape suspect, where is gun?)

Mesiah vs. US (used wire on def that was ROR to obtain info, still had right to counsel)

98
Q

Inadmissible Confession

A

If not used to prove guilt, can be used (impeach credibility)

99
Q

Inadmissible Confession Cases

A

Harris vs. NY (used to impeach credibility)

Mincey vs. AZ (coerced statement can never be used for any purpose)

Constitutional Law (6 decks)

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