Feb ’22 Flashcards
What is the result of a Fourth Amendment violation?
Suppression of evidence.
What does the Fourth Amendment protect persons from?
Unreasonable search and seizure.
When can police make an arrest without a warrant?
When police have probable cause to believe the person has committed a crime.
Considering the totality of the circumstances, probable cause exists if police have knowledge that would warrant a reasonably prudent person to believe that a person has committed or is committing a crime.
If information is received anonymously, what is required for it to be reliable for probably cause purposes?
Corroboration.
The Fourth Amendment protects against unreasonable search and seizure from whom?
Government. Not private actors.
Searches without a warrant are?
Presumptively unreasonable.
One exception is automobile searches because vehicles are inherently movable and thus subject to disappearing (police must still have probable cause that tue vehicle contains contraband or other evidence of a crime).
Searches incident to arrest are limited to what area?
The wingspan of the arrestee.
Which Amendment protects against self-incrimination?
The Fifth.
Under Miranda, once a person is in custody they must…
…be informed of their right to remain silent before interrogation is commenced.
Applies to any police action designed to elicit a response.
A person is in custody once their freedom of movement is restrained.
An ___ extends a security interest to…
after-acquired collateral clause.
…all current and future inventory.
Generally valid.
Ineffective as to consumer goods acquired more than 10 days after the creditor has given value.
When a debtor is a corporation organized under VA law, the usual means of perfecting a security interest is…
…filling a financing statement with the State Corporation Commission.
[from July ’20:] Debtor need not sign (purpose of perfection is to put others on notice).
When two parties with perfected security interests are competing for the same collateral, priority normally goes to the one who was…
…either first to perfect or first to file a valid financing statement.
In some circumstances, a ___ will have super priority even if it is not first to file or perfect.
A purchase money security interest.
Where collateral is inventory, a PMSI will have super priority if, before handing over possession of the inventory to the debtor, the creditor (1) sends a special written notice to the other security interest holders and (2) takes steps to assure that its PMSI will be perfected at the time the debtor receives possession.
A PMSI is perfected automatically upon attachment where the collateral is a consumer good.
A ___ takes free of a security interest created by its seller.
Buyer in the ordinary course of business (buying from a merchant of goods of the kind).
Knowledge of an existing financing statement does not defeat such a buyer unless they know their purchase violates the terms of the original financing agreement.
Does not include mere donees who give no consideration or buyers outside the normal course of business. Such donees become debtors subject to Article 9 remedies, including repossession.
Federal courts have SMJ over ___ under 28 U.S.C. § 1331.
Claims that assert federal law as the basis for the claim and relief sought. Although a plaintiff does not need to cite the specific statutory basis for federal question jurisdiction, she must plead sufficient facts to establish jurisdiction.
[Feb ‘16:] E.g., although the Federal Declaratory Judgment Act is a federal statute, it merely creates a remedy and thus cannot on its own serve as a basis for subject matter jurisdiction.
In federal court, citizenship of an LLC for diversity purposes is determined by…
…the citizenship of each member of the LLC.
