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Judicial Processing > Exam 2 > Flashcards

Exam 2 Flashcards

1
Q

Terry vs. Ohio (1968)

A

Stop and frisk. Police have the authority to frisk for weapons w/o probable cause

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2
Q

What does a stop do?

A

Prevent criminal activity

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3
Q

US vs. Sokolow (1989)

A

totality of circumstances determined reasonable suspicion

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4
Q

A frisk does not…

A

Automatically follow a stop

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5
Q

No warrant for stop and frisk…

A

Can lead to arrest

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6
Q

Minnesota vs. Dickerson (1993)

A

Frisk is a pat down of clothing “plain feel”. Illegal stop

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7
Q

Penn vs. Mimms (1977)

A

Motorist can be stooped for reasonable suspicion, driver can be asked to step out car, frisk would need reasonable suspicion

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8
Q

US vs. Montoya de Hernandez (1985)

A

Balloon swallower, rectal examination

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9
Q

Florida vs Royer (1983)

A

You don’t have to answer questions, but refusal can give a cop a right to frisk

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10
Q

Hiibel vs. 6th Judicial Court Nevada (2004)

A

required to provide name to officer, can be arrested if you don’t

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11
Q

Dunaway vs. NY (1979)

A

Must have probable cause to interrogate

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12
Q

Michigan vs. Chestnut (1988)

A

Ran from the police and threw something out on the ground. Probable cause was there for the seizure to happen

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13
Q

Florida vs. Bostick (1991)

A

A person doesn’t have to hand their bag to an officer if there is no reasonable suspicion

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14
Q

Wilson vs. Arkansas (1995)

A

if there is a potential for danger to officer or people inside the house police do not have to knock and announce their entrance for warrants

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15
Q

Peyton vs NY (1980)

A

in the absence of emergency circumstances or consent, the police may not enter a ho e to make a warrantless arrest when there was time to get a warrant and nobody gave permission to the search

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16
Q

Brigham City, Utah vs. Stuart (2006)

A

??????

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17
Q

Warden vs. Hayden (1967)

A

Yes because of probable cause and exigent circumstances. Hot pursuit

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18
Q

Welsh vs. WI (1984)

A

warrantless nighttime entry to a person’s home to make an arrest for a nonjailable traffic arrest is unconstitutional

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19
Q

US vs. Verdugo-Urquidez

A

the 4th amendments against unreasonable search and seizure applied to whether not an alien’s home could be searched

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20
Q

US vs. Martinez-Fuerte (1976)

A

Fixed checkpoint stops are legal

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21
Q

US vs. Brignoni-Pounce (1975)

A

Driving while Mexican is not a reason to stop someone

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22
Q

US vs. Robinson (1973)

A

Officers can search a person after a frisk for evidence

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23
Q

Chimel vs. California (1969)

A

Searches within a persons wingspan is legal

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24
Q

Vale vs. Louisiana (1970)

A

Officers cannot come back the next day to search, it must happen at the same time as arrest

25
Q

NY vs. Belton (1981)

A

the police may conduct a search and includes containers, enclosed or open glove compartments, consoles, as well as luggage, boxes, bags, clothing, and similar items in the passenger compartment. Vin number is not protected

26
Q

US vs. Ross (1982)

A

Officers can search trunk with probable cause

27
Q

Maryland vs. Buie (1990)

A

Reasonable suspicion officers can do a protective sweep

28
Q

Tennessee vs. Gardner (1985)

A

Cannot shoot a person for running for cops

29
Q

Scott vs. Harris (2007)

A

Officers can bump cars off the road if they have potential danger to others

30
Q

Graham vs. Connor (1989)

A

Objective

31
Q

Russell vs. US

A

Looked at prior disposition to make the drug before, even though the agent supplied one ingredient

32
Q

Olmsted vs. US (1928)

A

Wire tapping Not if they are done properly without trespassing into a constitutionally protected area

33
Q

Katz vs. US (1967)

A

Privacy is expected when on a public phone

34
Q

Zurcher vs. Standford (1978)

A

Searches of property not suspected of crimes is permissible , even if you don’t think they had anything to do with the crime

35
Q

Scope of search and seizure

A

Driven by what you are looking for/ what specified in the search warrant

36
Q

MI vs. Summers (1981)

A

Police may detain a person on the premises while a search is conducted

37
Q

Stoner vs. California (1964)

A

a. The police cannot search your hotel room without a warrant just because the hotel clerk lets them in

38
Q

NJ vs. T.L.O (1985)

A

2 girls smoking in the bathroom. Principal needs reasonable suspicion to search students bags

39
Q

Stafford United School vs. Redding(2009)

A

Searched Redding’s undergarments unreasonable

40
Q

US vs. Matlock (1974)

A

a. When the prosecution seeks to justify a warrantless search, it is okay to obtain permission from a third part who contains common authority

41
Q

GA vs. Randolph (2006)

A

a. Police may search a house when a co-tenant that is present specifically refused to allow a search

42
Q

Illinois vs. Rodriquez (1990)

A

a. Police show up & a third party lets them in the house to search but they did not have commons authority to allow for this

43
Q

Bell vs. Wolfish (1979)

A

Rights are stripped away in prison

44
Q

Hudson vs. Palmer (1984)

A

????????

45
Q

Griffin vs. WI

A

a. It is constitutional for probationers to search probationer’s home based on reasonable suspicion

46
Q

Schmerber vs. CA (1966)

A

c. Considered an exigent circumstance & it is legal & they did not need a warrant for the blood sample because the BAC will go down

47
Q

Kyllo vs. US (2001)

A

Using a heat index device/thermal imaging is unreasonable if you do not have a search warrant because of the whole detecting something from outside the home

48
Q

US vs. Place

A

a. If the police use a dog, they must be legally in the place where the search takes police

49
Q

FL vs. Harris (2013)

A

Dog gave officer probable cause to search the vehicle

50
Q

FL vs. Jardines

A

Must be legally at a location in order to search.

51
Q

Carroll vs US (1925)

A

68 bottle of gin and whiskey were found in a search. Officers can search cars with probable cause

52
Q

Deleware vs. Prouse (1979)

A

Cannot make a random stop to check drivers license and registration

53
Q

MI Depatment Police vs. Sitz (1990)

A

Checkpoints are legally if all vehicles are stopped

54
Q

Penn vs. Muiz (1990)

A

Physical evidence is not protected by the 5th amendment

55
Q

AZ vs. Grant (2009)

A

Serched car after suspended license arrest. Not legal

56
Q

SD vs. Opperman (1976)

A

Routine inventory of car after it was compounded and found marijuana

57
Q

Coolidge vs. New Hampshire (1971)

A

a. Warrantless searches of cars which are on private property & not in use at the time of the search are unconstitutional

58
Q

California vs. Carney (1985)

A

Mobil home was on public property so the police could search it without a warrant

Judicial Processing (1 decks)

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