Crim Pro Modules 2-5 Flashcards
reasonable suspicion
more than just a hunch; articulable facts
seizure
any exercise of control by a government agent over a person or thing
informational checkpoints and roadblocks
only valid if:
(1) stop cars based on some sort of neutral, articulable standard (stopping every car, stopping every 5th car); and
(2) be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility
pretextual stops
if police have PC to believe a driver violated a traffic law, they may stop the car, even if their ulterior motive is to investigate a crime for which they lack sufficient PC
4A analysis
- Is there governmental conduct?
- Is there standing to object?
- Was there a valid warrant obtained?
- If there was not a warrant, is there an exception that makes it okay to not have a warrant?
4A implicated: reasonable expectation of privacy
- search or seizure by a government agent of a constitutionally protected area in which the individual had a reasonable expectation of privacy
- physical intrusion by the government into a constitutionally protected area to obtain information
standing
- person owned or had a right to possession of the place searched
- place searched was in fact the person’s home
- the person was an overnight guest
standing is assessed based on what test?
totality of the circumstances
examples of things held out to the public where there is NO right to privacy
- sound of your voice
- style of your handwriting
- paint on the outside of your car
- account records held by a bank
- location of your car on a public street or in a driveway
- anything that can be seen across the open fields
- anything that can be seen from flying over public airspace
- the odors emanating from your luggage or car
- garbage SET OUT ON THE CURB for collection
two core requirements for determining validity of facially valid search warrants
- probable cause
- particularity
probable cause
facts and circumstances within an officer’s knowledge and with which he has reasonably reliable information that would lead a reasonable person to believe that a crime has been or will be committed
invalidating a warrant: all 3 must be met
- false statement included in the affidavit by the affiant
- affiant intentionally or recklessly included the false statement
- false statement was material to the finding of PC
particularity warrant requirement
the place to be searched and items to be seized; if not, invalid
who can execute warrants?
only the police
search incident to arrest: grab area
incident to a CONSTITUTIONAL SEARCH, the police may search the person and areas into which they might reach to obtain weapons or destroy evidence; wingspan of arrestee, DOES NOT INCLUDE TRUNK
search incident to arrest: protective sweeps
can do protective sweep if they believe accomplices are present; must be contemporaneous with arrest
automobile exception to search warrant
police have PC to believe that vehicle contains fruits, instrumentalities, or evidence of a crime; can search the whole vehicle and any container that might reasonably contain the item for which they had PC to search; INCLUDES TRUNK
warrantless search of container in vehicle
police have PC to only search a container in a vehicle, they may only search the container, not other parts of the vehicle
plain view
can make a warrantless seizure when they:
1. are legitimately on the premises
2. discover evidence, fruits or instrumentalities of a crime or contraband
3. see such evidence in plain view
4. have PC to believe that item is evidence, contraband, or a fruit or instrumentality of a crime (incriminating nature must be immediately apparent)
authority to consent to a search
any person with apparent equal right to use or occupy the property may consent to a search, and any evidence found may be used against the other owners or occupants
