Deprivation of Liberty (4th Amendment)

Question 1

United States v. Drayton

Answer 1

The Fourth Amendment does not require police officers to advise bus passengers of their right not to cooperate and to refuse consent to searches

Question 2

Florida v. Bostick

Answer 2

Due to cramped confines onboard a bus the act of questioning would deprive a person of his or her freedom of movement and so constitute a seizure under the Fourth Amendment

Question 3

Delaware v. Prouse

Answer 3

Marginal contribution to roadway safety possibly resulting from a system of spot checks cannot justify subjecting every occupant of every vehicle on the roads to a seizure

Question 4

Michigan Dept. of State Police v. Sitz

Answer 4

Use of sobriety checkpoints does not violate the Fourth or Fourteenth Amendment

Question 5

Indianapolis v. Edmond

Answer 5

Cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime

Question 6

Terry v. Ohio

Answer 6

Have to have an articulable reasonable suspicion (based on any facts or circumstances surrounding the encounter) to lead to the reasonable suspicion that the person is armed and dangerous

Question 7

Sibron v. New York

Answer 7

Search was not reasonably limited in scope (stop and frisk)

thrust hand into pocket, discovered drugs

Question 8

Draper v. New York

Answer 8

Probable cause exists where there facts and circumstances it in knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed

Question 9

Alabama v. White

Answer 9

While the unverified tip may have been insufficient to support an arrest or search warrant, the information carried sufficient indicia of reliability to justify a forcible stop

Question 10

Florida v. JL

Answer 10

An anonymous tip lacking indicia or reliability does not justify a stop and frisk whenever and however it alleges the illegal possession of a firearm

Question 11

Whren v. United States

Answer 11

In a conventional civil traffic stop, the Fourth Amendment is met by the traditional common-law rule that probable cause justifies a search and seizure

Question 12

Michigan v. Long

Answer 12

Protective search of passenger compartment

Question 13

Minnesota v. Dickerson

Answer 13

Fourth Amendment requirement that the officer have probable cause to believe that the item is contraband before seizing it ensures against excessively speculative seizures

Question 14

Narvarette v. Calirofnia

Answer 14

Totality of the circumstances applies to give the officer reasonable suspicion, traffic stop

Question 15

Payton v. New York

Answer 15

Absent probable cause and exigent circumstances, warrantless arrests in the home are prohibited by the Fourth Amendment

Question 16

United States v. Watson

Answer 16

Warrantless arrest in a public place is valid if the arresting officer had probable cause to believe the suspect is a felon

Question 17

Agenello v. United States

Answer 17

Man’s house is his castle

Question 18

Welsh v. Wisconsin

Answer 18

A warrantless home arrest cannot be upheld simply because evidence of the petitioner’s blood-alcohol level might have dissipated while the police obtained a warrant

Question 19

Atwater v. City of Lago Vista

Answer 19

With probable cause an officer could make a custodial arrest for a misdemeanor that did not involve a breach of the pace