Constitutional Protection of Accused Persons Flashcards
What is a search
Search is a government search of a location with a reasonable expectation of privacy.
Open fields doctrine
If the cop is flying over your back yard in a helicopter and you grow the weed in the open field and the cop looks down and sees the plants, its not search because you have no expectation of privacy in open field.
AKA:
Open areas with no expectation of privacy
Not a search
Standard for conducting a search
The cop has to have probable cause.
Probable Cause: Reasonable person would conclude its more probable than not that a crime has taken place.
Warrant requirement
Searches must be pursuant to a warrant
Requirements:
AKA
1. Detached magistrate
2. Fresh Facts
3. Must state specifically where and who is being searched
4. Cops cannot exceed scope of warrant.
o Warrant must be issued by neutral and attached magistrate AKA not a judge whos apart of it
o Facts have to be fresh and not out of date.
o The warrant must state specifically who and where is being searched
o The cops cannot exceed the scope of the warrant.
Informants
Cops can rely on them to get a warrant
Plainview
Police can seize what is in plain view during a lawful search
o Once they find what they’re looking for the search must stop.
Protective sweep
They want to look for more bad guys, people not contraband for their own safety
o They can only do this if they have evidence that there would be other criminals in the house
Exceptions to the warrant requirement
CASSIE BA (Bad Ass)
1. Consent
2. Auto Exception
3. Search Incident to a lawful arrest
4. Stop and Frisk
5. Inventory Search
6. Exigent Circumstances
- Boarder Searches
- Automobile Stop (Random Stops)
Consent
- If I consent to the search and let the cop in. I cant argue there was no warrant
o Who can consent to the search: one who owns or has apparent authority over the property.
o If 2 people share property and one refuses consent then the cops cannot search.
o If only 1 person is present and they consent, then the consent is valid and they can search the house
Search Incident to a lawful arrest
- The arrest has to be lawful first then you can search anywhere on my person or on my wingspan without a warrant
- If a person is arrested in a car the cops may search the passenger compartment if the defendant is not secured (in shackles, tied up) and they can still get access to the car or if the cops have reasonable belief that there is evidence of a crime inside the car.
Inventory search
- Once ur at popo station cop can do inventory search of the car and person.
Exigent Circumstances
- Reasonable belief that the evidence maybe lost or destroyed.
o They have to tell you there were exigent circumstances for this to be the ans.
Auto Exception
- Illegal automobile stop- no traffic violation
o If there was no reason to pull the car over, nothing found is admissible. - Legal automobile stop- traffic violation
o Popo cannot search the car unless come evidence of other crimes
Boarder Searches
- No warrant is necessary for a boarder search
- US Officials may search you on foreign land.
- A dog sniff in a public place is not considered a search and none of the rules apply the dog is not conducting a search
Stop and Frisk
- The stop part is: when can cop stop me and talk to me
o Allowed when there is reasonable suspicion that criminal activity is afoot - Frisk (pat me down)
o Can only frisk if there is reasonable belief that a person is armed and dangerous
Automobile Stops (random Stops)
- If youre just stopping particular cars for certain reasons not allowed to do
- Checkpoint stops allowed if have generic uniform method for stopping
o Every 10th car that’s ok. Ect
Miranda- custody
o Custody
When objectively to a reasonable person you don’t feel free to leave.
Don’t mean you have to be handcuffed.
Miranda- Interrogation
o Interrogation
When the statement that the cops makes is trying to elicit a criminal response.