exam #2 Flashcards
Loud party complaint at 3am
Hear shouting and juveniles drinking
See fight through door
Juvenile strikes adult, spit blood in sink
Announces presence and did not receive answer
Police may enter home without warrant when believe they have serious injury or threatened with such injury
Fight is reasonable enough for police to entry and stop the fight
Brigham City, Utah v. Stuart (2006)
Savana redding (13 years old in 8th grade)
Safford middle school
Searched bag for ibuprofen, heard she was giving to other students
Received a strip search, searched bra and underwear
4th amendment violated
Agreed 4th amendment was violated sent to lower courts
School administrators protected from punishment due to qualified immunity
Safford Unified School District v. Redding (2009)
Charles Katz known sports bettor
FBI recording phone conversations in phone booth
Does this violate users’ right to privacy?
4th amendment protects people, not places
Argued he pays toll that permits his calls to be private
Unreasonable
Expanded scope of right to privacy
Made 4th amendment “portable” meaning it is carried by person wherever they have a expectation of privacy
Katz v. United States (1967)
The validity of a warrant must be judged in light of the “information available to the officers at the time they obtained the warrant”
Maryland v. Garrison (1987)
When the police have made a lawful custodial arrest of the occupant of a car, they may, incident to that arrest, search the car’s entire passenger compartment (front and back seats) and open any containers found therein
New York v. Belton (1981)
Searches of motor vehicles incident to arrest when the arrestee is no longer in the vehicle is valid only if it is reasonable to believe that evidence of the reason for the arrest might be found in the vehicle
Arizona v. Gant (2009)
The warrantless use of a tracking device on a motor vehicle to monitor its movements is unconstitutional
United States v. Jones (2012)
Officer show up to hester house
Hester handed henderson a quart bottle and hester a gallon jug
Attempted to flee, officer fired pistol, dropped jar and broke
Officers searched house and did not find alcohol only empty bottle
Officer found moonshine whiskey bottle on the ground outside with some alcohol in it
Illegal distribution of alcohol
Items in open fields are not protected by 4th amendment so rights not violated Established Open Field Doctrine
Hester v. United States (1924)
Searches made at the border pursuant to the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border
United States v. Ramsey (1977)
Robert edwards was arrested and charged with burglary, robbery, and murder at a bar
Refused to talk without attorney
Edwards was convicted and sentenced to death
Death penalty then his case went to court
Violated miranda by him requesting counsel and not giving him that right violated 5th and 14th amendment rights
Edwards v. Arizona (1981)
Graham asked berry to drive to store- diabetic needed insulin
Officer noticed Graham left store quickly
Officer connor stopped berry and graham
Graham slammed into police car sustaining injuries- broken foot, cuts, bruises, shoulder injury
Officer slammed his head into car after he was conscious
Officer must have reasonable belief force was necessary
Objective reasonableness
The Graham factors:
- Severity of the crime
- Immediacy of the threat
- Actively resisting or trying to evade arrest by flight
Graham v. Conner (1989)
Officers may make a warrantless arrest of a person, even for a misdemeanor crime, if allowed by the 4th amendment but prohibited by state law Moore driving with suspended license
Officers received call about him and pulled over
Not right car but suspended license and arrested him
Found cocaine and cash on him
Found guilty of drug offense and did not violate 4th amendment for search
Distinguishes if evidence can be used even if the arrest from which the search took place is later revealed to be unlawful
Virginia v. Moore (2008)
If the police legitimately stop a car and have probable cause to believe that it contains contraband, they can conduct a warrantless search of the car. Every part of the vehicle in which the contraband might be stored may be inspected, including the trunk and all receptacles and packages that could possibly contain the object of the search
United States v. Ross
Piscataway high school
Tracy was a freshman in high school (14 years old)
Her and friend smoking in bathroom
Friend confessed, she denied
Searched her purse and found cigarettes, rolling papers, marijuana, empty bags, list of students owing her money
Sentenced to one year probation for possession of marijuana
Violate the 4th amendment?
No, schools just need reasonable suspicion to search students
Set the standard of legality and the scope of searches made by school officials
New Jersey v. T.L.O (1985)
Federal agents received top danny kyllo was growing marijuana
Placed imaging device on house
Got warrant and searched house to find hundreds of plants
Was the thermal imaging device illegal
Needed the warrant before placing the imaging device
If device not used publicly, cannot be used to search home without a warrant
Kyllo v. United States (2001)
Wife with canada with son then she got back and domestic dispute
Then he took his son and left
She told police he had a cocaine problem
He’s an attorney
Asked to search house and he refuses
Janet was also asked and she said yes
Cocaine straws on dresser
Put evidence in car and went to go back inside and changed her mind about consent
Arrested both of them
Search warrant and search house
Indicted for possession of cocaine
Wife consented so sufficient enough to search- argued 4th amendment right violated
Only one person needed to give consent for warrantless search
Georgia v. Randolph (2006)
Highway Patrol noticed parked car with very loud music
Lange honked that car horn 4-5 times no one was near the car
Followed him did not yield to officer, drove 100 more feet to his home
Smelled alcohol on his breath
Minor circumstances require a 4th amendment to search home?
Misdemeanor not an exigent circumstance
Not an exigent circumstance and the search and arrest were unlawful
Lange v. California (2021)
Car wash burglarized and stolen checks
6 men got stopped for having burnt out license plate light and front headlight
only one had ID
Consented to allow them to search vehicle
Stolen checks on the ground crumbled up
Search warrant and search both vehicles
Matched up handwriting to one of the guys and arrested him
Ruled unnecessary to make him known of his right to not consent the search
- Schneckloth v. Bustamonte (1973)
Fourth amendment does not forbid a warrantless arrest for a minor criminal offense, such as seatbelt violation
Was not wearing her seatbelt and two kids did not have seat belts on
Driving with no license or insurance
Arrested and then released on bond
Said violated her 4th amendment rights
Does the 4th amendment forbid a warrantless arrest for crime only punishable by fine?
No the law is constitutional
- Atwater v. City of Lago Vista (2000)
the Supreme Court held that a police officer had reasonable suspicion to stop a vehicle after he learned that the owner of the vehicle had a revoked license.
Kansas v. Glover (2020)
police can detain a suspect while getting warrant
Tera and charles mcarthur getting a divorce
Called police to have them there for her safety when getting her stuff
She told police he slid dope under the couch
He did not give them permission to search so they went to get a warrant to search and made him stay outside for 2 hours
Searched and found a pipe, marijuana box, and marijuana
Violate the 4th amendment?
Less intrusive than police entry into the home itself in order to make a warrantless arrest or search
- Illinois v. McArthur (2001)
Georgia
Harris is 19 and first offense
Clocked harris going 73 in a 55
Tried to get him to pull over and he refused to stop, sped up, beginning high speed chase
Didn’t stop because he didn’t want impound fee and he was scared
Crossed double yellow lines, ran stop light, etc
Officer decided to hit back of his vehicle causing a bad crash
Violate the 4th amendment? No he initiated it by not stopping
Scott v. Harris (2007)
The use of a dog to search for, find, and seize Chew, by biting if necessary, was objectively reasonable under the circumstances and did not violate Chew’s 4th amendment rights.
Chew v. Gates
Obtained arrest warrant for Chimel
Wife permits officers to go into residence and wait for him to get home
Arrested and refused request to search his residence
they searched the home looking for evidence
Did police violate 4th amendment by searching home without search warrant
Can search “grabbable area” after arresting someone
Chimel v. California (1969)
