CRJ 210 Final Exam Chaps 10-13 Flashcards
The 4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause and particularly describing the place to be searched, and the persons or things to be seized
Application to Fourth Amendment
Searches: Activities performed in order to find evidence to be used in a criminal prosecution
2 elements have to be met in order to constitute a search within the meaning of the 4th amendment:
-the search is a product of government action
-the government’s action infringes on the individual’s reasonable expectation of privacy
Seizure: 4th Amendment
Seizure:
Property can be seized
-search often results in the seizure of evidence
People can be seized
-when a police officer intentionally restrains a person’s liberty in a way a reasonable person believes they’re not free to leave
-an arrest is considered a seizure
Application Fourth Amendment cases
Weeks vs. U.S.
-the court held that the seizure of items from Week’s residence directly violated his constitutional rights
Mapp vs. Ohio
-the court decided that evidence obtained illegally may not be used against someone in a court of law by the 4th amendment
Katz v. United States
-FBI agents placed a listening device outside a phone booth in which Katz was having a conversation
-4th Amendment: protects people, not persons
-the presence or absence of a physical intrusion into any given enclosure is not important
California v. Greenwood
-Search or seizure occurs only when there has been an infringement on an expectation of privacy that society is willing to accept as reasonable
-public places not protected
-trash on public streets
Seizure of tangible property
occurs when there is some meaningful interference with an individual’s possessory interest in that property
Seizure of a person
-when a person is restrained by an officer believing they don’t have the liberty to leave
US vs. Mendenhall- free to leave doctrine
Search Warrant Requirement
Neutral and detached magistrate
Probable cause
-Items to be seized are connected to criminal activity
-Items to be seized are at or in the location to be searched
Particularity
-place to be searched and items to be seized
Arrest Warrant Requirements
Neutral and detached magistrate
Probable cause
Particularity
-john doe warrants
JUstifications for Search and Seizure
Probable cause: searches and seizures
Reasonable suspicion: stop-and-frisk activities
Administrative justification: administrative searches
Probable Cause
-A set of facts and circumstances that would lead a reasonably prudent person to believe that a crime has been committed and a particular person has committed that crime
-Below absolute certainty and proof beyond a reasonable doubt
-Above a hunch or reasonable suspicion
-flight from the scene, admission, incriminating evidence, obvious attempt to hide something,
Reasonable Suspicion
-A belief, that criminal activity is taking place or that criminal activity has recently occurred
-Below probable cause but above a hunch
Terry v. Ohio- Stop and frisk doctrine
Administrative Justification
-Searches in circumstances other than criminal investigations
-public safety concerns outweigh individual privacy concerns
-sobriety check points
-balance between protecting individuals’ privacy interests and protecting public safety
Searches and Seizures Without Warrants
-Searches incident to arrest
-Searches based on exigent circumstances
-Automobile searches
-Plain-view searches
-Consent searches
Searches Incident to Arrest
-Search made at the time or shortly following an arrest
-Done out of a concern for the safety of the arresting officer and others
-Prevent concealment or destruction of evidence on the arrestee’s person
Chimel v. California: arm-span rule
Maryland v. Buie: protective sweep
Searches Based on Exigent Circumstances
-Hot pursuit
-The likelihood of a suspect’s escaping or presenting a danger to others
-Evanescent evidence (footprints in snow)
Automobile And Plain-View Searches
Carroll v. US
-probable cause to believe that the vehicle contains evidence of a crime
-Securing a warrant is impractical
Plain-view
-the police are lawfully in the area where evidence is located
Consent Searches
-Cannot result from duress or coercion, expressed or implied
Florida v. Jimeno
-exclusionary rule of evidence
-the person giving consent must have the authority to do so
Surreptitious Sampling
-Collecting DNA evidence without a person’s knowledge is legal when the item is discarded or otherwise ‘abandoned’
-No Reasonable Expectation of Privacy
-Police can’t trespass to gain access to trash
CODIS- combined DNA Index System
The 5th Amendment
-The government cannot compel an individual to provide incriminating information about themself
-Right to remain silent
Confessions and Interrogations
Miranda v. Arizona- Custodial Interrogations
New York vs. Quarles- public safety exception
Rhode Island v. Innis- words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect
Confession and Interrogation Terms
Confession- when someone states they are guilty of a criminal offense
Interrogation- formal questioning
Admission-not a confession of guilt but admits only some facts
Inculpatory Statement- evidence that shows a person’s involvement in an act, or evidence that can establish guilt
Exculpatory Statement-evidence tending to excuse, justify, or absolve the alleged fault or guilt of a defendant