Constitutional Law Quiz IV Flashcards
A search is
Government intrusion into person’s privacy interest
A seizure is
Government intrusion into person’s possession interest
4th Amendment protects against unreasonable searches of
persons, papers and effects
No 4th amendment challenge if
no reasonable expectation of privacy
No privacy interest in
Place you do not live
In person
Property already exposed to public
Wire tap cases
Olmstead vs. US (tap down street)
Katz vs US (bookie and phone booth)
4 subjects constitutionally protected
Person and areas of body not exposed to public
In Homes (where you live/offices/transient lodgings)
In your papers (mail/hard drive/audio tape)
Your effects (personal property/wallet/phone)
2 types of searches
Warrant required: probable cause, facts must show particulars
Without warrant: probable cause
4 categories subject to search warrant
1: fruits of a crime
2: instrumentality of crime
3: contraband
4: mere evidence
Case defining particularization
Steele vs US (whiskey)
2 Prong Test for warrant issued based upon CI info
Aguilar Spinelli test: credibility of CI and reliability of info
Case regarding CI info and totality of circumstances
IL vs. Gates
NY state court vs federal court follows what for CI
state: Aguilar Spinelli
federal: IL vs. Gates
No warrant is needed exceptions:
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
Consent
Must be knowing, voluntary, of free will and by someone who has the authority to give
Search incident to arrest
Pursuant to lawful arrest
Limited to person and grabbable area
Exigent circumstances
1: need for immediate action (threat to safety of officer or general public)
2: threat of evidence being lost or destroyed
3: Hot pursuit
Hot pursuit case
Brigham City UT vs. Stewart
Plain view requirements
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
When plain view requirement exist, items may be seized without a warrant if
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
Automobile stop
where vehicle stopped because of probable cause involved in a crime or because may contain contraband
Police may search entire care, bumper to bumper and any closed container if
Police believe car was involved in crime, would need probable cause to search occupants if they believe occupant was involved in crime
Abandoned property
must show that defendant intended to disassociate themselves from property. Abandonment must be initiated by defendant
Abandoned property case
People vs. Harris (police reason they discarded)
Exclusionary rule
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
Exclusionary rule case
Weeks vs. US (gambling)
Map vs. OH
Fruit of poison tree
evidence found from illegal search
Fruit of poison tree case
Wong Sun vs. US
Exceptions to exclusionary rule
1: evidence would been found eventually
2: Good faith rule
Good faith rule case
AZ vs. Evans
US vs. leon
Use of illegal seized evidence
cannot be used as evidence of guilt but can be used for impeachment purposes (to show unbelievable)
