Crim Pro Flashcards
Search
Search
- Actual, subjective expectation of privacy; and
- Expectation of privacy was objectively reasonable
Katz
Stop
- If TOC leads a reasonable person to believe they weren’t free to go
- Cops don’t need to inform D they are free to go
Mendenhall
Encounters/Justifications
- Consensual/None
- Investigatory/RS
- Arrest/PC
RS
- Less than PC
- More than hunch
- Specific facts in TOC warrants intrusion
Weapon Frisk
- Can search people/car if RS of weapon
- Limited to find weapon
- RS must first exist for original stop
- Can seize other contraband if immediately apprent
Terry
Checkpoint Requirements
- Cars are stopped randomly
- Legitimate purpose
- Limited stops
- May require notice before checkpoint occurs
Warrant Requirements
- PC - normally testimony under oath
- With particularity
- Neutral magistrate signs off
Warrant Particularity
- Items: Reasonable specific at that time
- Locations: specific enough to identify w/ reasonable effort
- Digital items: Must be as descriptive as possible
Probable Cause
- More than suspicion, less than required for conviction
- TOC known by cops to reasonably suspect offense
- May use inferences from training/experience
- PC can be established w/collective police knowledge
Brinegar
Anticipatory Warrants
- PC of evidence present if triggering event occurs
- PC of the triggering event occurring
- Accurate but innocent details add very little to PC
Reliability of Informant for PC
A/S: 2 prong review of affidavit
* How did informant know info
* How reliable is informant/info
Gates
* TOC
* A/S factors remain highly relevant
Informant Reliability Test
- Prior information given to police previously
- Citizen informant
- Statement against interest
- Independent investigation/corroboration
Utterback
Warrantless Search Requirements
- Prosecution has BoP to show valid PC
- Prosecution must show valid EC
Walker
Police Created EC
- Reasonably foreseeable that police conduct would lead to EC; or
- Police acted in bad faith
Walker
No Knock Raids
- EC must include specified danger
- If EC known in advance, get no-knock warrant
Consensual Searches
- No RS needed if given voluntary consent
- TOC to determine if free will was overborne
- Police are not required to inform D of right to refuse
Schneckloth
3rd Party Consent
- Actual authority: Valid
- Cotenant: Valid unless other cotentant rejects
- Apparent authority: valid if cops reasonable to believe
- Parents: Normally valid unless no access to room
Porter
Arrest
- Intent to arrest
- Real or pretend authority
- Accompanied by a seizure or detention
- Understood by suspect
Bouldin
Deadly Force
- Suspect threatens with weapon
- PC to believe D commited/threatened violent crime
- Not valid if D is unarmed and non-dangerous
Garner
Search Incident to Arrest
- Scope: Person plus immediate vicinity
- Personal items: Valid if immediately associated w/D
House: - Areas close to D: No justification
- Rest of house: RS needed
- Protective sweep: Can search house - limited to persons endangering police
Chimel
Curtilage
- Area w/intimate activity associated with home and privacy
Test
* Proximity to home
* Included in enclosure around home
* Nature of use
* Steps taken to protect from entry/observation
Dunn
Agency
- 4th am only applies to state action
Test
* Police instigated, encouraged, or participated in search
* Indivdual engaged in search w/intent to aid police
Lambert
Inventory Searches
For valid car search after arrest
* Lawful impoundment
* Valid (non-criminal) purpose
* Standard procedures
Gipson
Types of Vehicle Searches
- Inventory (Gipson)
- Terry
- Automobile exception (Acevedo)
- SITA (Gant)
- Consensual (Schneckloth)
