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CRJU 485 search, seizure, interrogation > exam 1 > Flashcards

exam 1 Flashcards

1
Q

4th amendment

A

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 issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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2
Q

So, only “———–” searches and/or seizures VIOLATE the ——-

A

So, only “UNREASONABLE” searches and/or seizures VIOLATE the 4A.

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3
Q

“——-” Searches/Seizures DO NOT VIOLATE —–.

A

“Reasonable” Searches/Seizures DO NOT VIOLATE 4A.

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4
Q

Levels of intrusion with “seizure of persons”
CONSENSUAL ENCOUNTER
1.
2.

A
  1. Justification: None

2. Search Authority: None

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5
Q

Levels of intrusion with “seizure of persons”
TERRY STOP/DETENTION
1.
2.

A
  1. Justification:RS

2. Search authority: Frisk

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6
Q

Levels of intrusion with “seizure of persons”
ARREST
1. Justification:
2. Search Authority:

A
  1. Justification: PC

2. Search Authority: SIA

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7
Q

Arrest: The Most Intrusive “Seizure of Person” on the Street
ARREST= ________

A

The original seizure of person at common law in England

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8
Q

For an arrest to be “reasonable” and so NOT violate 4A, officer needs:

A
  1. Probable Cause, and

2. Sometimes an Arrest Warrant

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9
Q

Definition of “Seizure of a Person” in General:

A

An officer restrains the liberty of a person by:
1. Application of Physical Force,
-OR-
2. a) Officer’s “Show of Authority”
AND
b) Suspect’s SUBMISSION to officer’s show of authority
3. So that an (objectively) reasonable person, in suspect’s
situation, would not feel “Free to Leave”

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10
Q

“Formal Arrest

A

Police officer informs arrestee that “You are under arrest.”

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11
Q

“De Facto”

A

Arrest IN FACT. Police restraint on a person is, under the totality of the circumstances, equivalent to an arrest.

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12
Q

4A Seizure can be of

A
  1. Property, items, objects
    OR
  2. Persons
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13
Q

An officer performs a “Plain View Seizure” and so acts “Reasonably” under the 4A, When:
1. The officer is lawfully located to both:
a.
b.
AND

  1. It is “______” (interpreted as having probable cause) that the item is “______.”
A

A) Observe, AND
B) Seize the item, AND
[So, 1. In Public, 2. Executing Warrant, OR 3. Within Warrant Exception]

  1. It is immediately apparent ” (interpreted as having probable cause) that the item is “ subject to seizure .”
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14
Q

Two Kinds of Plain View:

“Plain View Search” = NOT a “_____” because there is ___________________________ “plain view.”

A

“Plain View Search” = NOT a “4A Search” because there is no government intrusion on a reasonable expectation of privacy, because thing observed is in “plain view.”

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15
Q

Two Kinds of Plain View:

“_______” = IS a “4A Seizure: _______________ “reasonableness.”

A

“Plain View Seizure” = IS a “4A Seizure: and so must satisfy 4A “reasonableness.”

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16
Q

What are Plain View Cases

A
  1. Horton v California (1990)

2. Arizona v Hicks (1987)

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17
Q

Items Subject to Seizure

A
  1. Fruits of Crime
  2. Instrumentalities of Crime
  3. Contraband (something illegal to possess)
  4. “Mere Evidence” [Added to list in Warden v. Hayden (1967)]
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18
Q

4A seizures of
1.
2

A
  1. Items

2. People

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19
Q

Soldal v. Cook County, Illinois (1992)

The government can trigger 4A Application with EITHER a:

A

“SEARCH,” (An intrusion on PRIVACY)
OR a
“SEIZURE” (An intrusion on DOMINION & CONTROL)

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20
Q

Stare Decisis’s Rule:

A

Courts are BOUND BY rules from prior case law on same issue.

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21
Q

Stare Decisis’s Rule

Exceptions/Refinements:

A
  1. Distinguishing facts
  2. Outranking earlier court
  3. Dictum, dicta
22
Q

Focus of classes
CJ 310A: Criminal Law=

CJ 485: Search, Seizure, and Interrogation =

A

CJ 310A= Focus on INDIVIDUAL wrongdoing

CJ 485= Focus is on GOVERNMENT wrongdoing

23
Q

5th Amendment

A

No person shall be … compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law…

24
Q

14th Amendment

A

No state shall … deprive any person of life, liberty, or property, without due process of law …

25
Q

Primary Remedy for Law Enforcement Wrongdoing =

A

The “Exclusionary Rule”

26
Q

The defendant triggers the Exclusionary Rule issue by making a “___________”

A

“Motion to Exclude” or “Motion to “Suppress” Evidence

27
Q

what is a witness

A

“Witnesses” “testify” by telling what they know, or “showing the contents of their minds.”

28
Q

The 5th Amendment protects persons by preventing the government from forcing them to ______

A

The 5th Amendment protects persons by preventing the government from forcing them to divulge the contents of their minds and then using this information against them at trial.

29
Q 
Two tests when the 5A applies 
#1
A

“Testimonial or Communicative Evidence”
V
5th Amendment Does NOT APPLY to:
“Real or Physical Evidence.”

30
Q

Testimonial Evidence

A

Forcing the suspect to tell or write out how they committed the crime, where the body was buried, or what they did with the stolen money…
( Forces u to share ur guilty thoughts/ guilty knowledge)

31
Q

Does NOT reveal contents of mind

examples:
- Taking samples….
- Measuring….
- Taking a…
- Handwriting……

A

Taking samples of blood, hair, DNA, saliva.
Measuring shoe size or having suspect try on a shirt for size
Taking a photo of suspect
Handwriting or voice “Exemplars”

32
Q

Test #2 If 5A applies

The “Cruel Trilemma”

A

If the government action forces a person to choose between three bad options, the police have created a “cruel trilemma.”

You have faced a “Dilemma” such as being forced to choose between 2 bad options

33
Q

A Cruel Trilemma forces a defendant into choosing between 3 bad choices:

A
  1. Self-accusation: “OK, I did it!”
  2. Perjury: “No, I didn’t do it!”
  3. Contempt: Witness – “I will not testify.”
    Judge – “OK then you are going to jail for contempt of court in refusing my order to testify!”
34
Q

to trigger the 4A need either a “__” OR a “__”

BOTH a ___ and _____ need _____ _______

A

To trigger the 4A, need EITHER a “search” OR a “seizure.”

Both a search and a seizure need government involvement.

35
Q

Today’s Katz’s 4A Definition for a “4A Search”
1. A “4A Search” is a government intrusion, whether:
A)
B)

  1. On a “Reasonable Expectation of Privacy,” which is both:
    A)
    AND
    B)
A
  1. A “4A Search” is a government intrusion, whether:
    A) Direct, OR
    B) Indirect
  2. On a “Reasonable Expectation of Privacy,” which is both:
    A) An expectation actually (subjectively) held by suspect, AND
    B) An expectation that society is prepared to recognize as (objectively) reasonable
36
Q

Today’s Jones’ 4A Definition for a “4A Search”
3. Unites States v. Jones (2012) Justice Scalia had the USSCT return to recognizing the physical intrusion definition of a 4A “Search”
a.
b.
c.

A

A) The government physically occupied, intruded upon, or trespassed on
B) Private property (“Constitutionally protected area”)
C) For the purpose of obtaining information

37
Q

4A Definition of a “Seizure”
 of an Item, Object, or Property
1.
2.
United States v ______

A
  1. The government’s “meaningful interference”
  2. With “an individual’s possessory interests” in an item/object/property

United States v. Jacobsen, 466 U.S. 109, 113 (1984)

38
Q

Plain view seizure that is no longer required that is an old element

A

“Inadvertent Discovery” – Officer stumbling upon item without expecting it.

39
Q

o, What police conduct is ”Unreasonable” and so “Violates” the 4A?

A

When talking about “Seizures of the Person,” it all depends on the LEVEL of the intrusion.

40
Q

CA Supreme Ct v

A

U.S. Supreme Court

41
Q

CA Ct of Appeal v

A

U.S. Ct. of Appeals

42
Q

CA Trial Court

A

U.S District Court

43
Q

U.S Supreme Court
Warren Court –
what years ?

A

1953 to 1969

44
Q

U.S Supreme Court
Burger Court
what years?

A

1969 to 1986

45
Q

U.S Supreme Court
Rehnquist Court
what years?

A

1986 to 2005

46
Q

U.S Supreme Court
Roberts Court
what years?

A

2005 to Present

47
Q

FRUITS OF CRIME

A

why committing the crime doing it to get ahead. Ex when robbing there’s money, jewelry. When burglary its pursuit of the theft, when selling drugs u have the profit of the drugs

48
Q

INSTRUMENTALITIES OF CRIME

A

tools of crime, ex when killing someone with a gun the gun is a instrumentalities of the crime.

49
Q

CONTRABAND

A

counterfeit money. Example illegal species having its features or animals illegal,

50
Q

MERE EVIDENCE

A

evidence prosecution finds useful that isn’t one of the 3 above. Ex go apartment kill someone and so then go to the fridge and grab a water bottle and drink half and leave it there and police get evidence from the water bottle get fingerprints and dna evidence form it so its evidence that connects u to the crime.

CRJU 485 search, seizure, interrogation (2 decks)

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