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CrimPro > Final > Flashcards

Final Flashcards

1
Q

Katz Test

A
  1. Did the person have a subjective expectation of privacy?
  2. Does society recognize that expectation as reasonable?
    YES TO BOTH = SEARCH
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2
Q

Seizure of individual

A

a person is seized if there is an application of physical force or a submission to a show of authority

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3
Q

submission to authority

A

requires show of authority (force) & submission to that authority

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4
Q

show of force

A

shooting, laying on of hands

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5
Q

test for submission to authority

A

whether, under all the circumstances, a reasonable person would feel free to disregard the authority and continue on

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6
Q

knowingly exposed

A

what you knowingly expose does not get 4th protection even if in home

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7
Q

consequences of calling it a search

A
  1. need PC & a warrant before conducting it
  2. evidence taken in violation of 4th will be excluded
  3. police will be required to have warrant from neutral magistrate before conducting unless there is a warrant exception present
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8
Q

4th and technology

A

where government uses a device not in general public use to explore details of the home that could not have been otherwise known without physical intrusion it is a search and presumptively unreasonable without a warrant

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9
Q

curtilage

A
  • land immediately surrounding and associated with the home

- police can observe activity on the curtilage from public street but police presence on curtilage is 4th activity

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10
Q

curtilage factors

A
  1. proximity to home
  2. enclosed
  3. nature and use
  4. steps taken to protect it from observation
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11
Q

GPS on a car

A
  • requires search warrant

- treated as a physical trespass on legally recognized property interest

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12
Q

dog sniff of luggage

A
  • court approved sniffs of exterior of luggage in public place
  • sniff was minimally intrusive
  • disclosed only the presence or absence of narcotics thereby protecting innocent citizens from general police rummaging in their possessions
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13
Q

tracking beepers

A

police cannot use to obtain information that could not have been obtained through visual surveillance

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14
Q

staleness of PC

A

may be stale depending on the relationship between the length of time between discovery of the information and the time that a search warrant is sought

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15
Q

particularity of things to be seized in warrant

A
  • must be only as particular as the circumstances require
  • description of narcotics or drugs is sufficiently specific
  • reference to stolen property is likely too general
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16
Q

knock & announce

A
  1. audbily knock or make their presence known at the door
  2. announce the ID of the executing officers
  3. announce the purpose of the officers
  4. delay for a period of time sufficient to permit occupants to reach and open the door
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17
Q

delay before police may enter

A
  • depends on size of home, destructibility of contraband

- generally a delay of 30 seconds is warranted

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18
Q

violation of knock and announce without valid exception

A

renders the search warrant defective

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19
Q

exceptions to knock & announce

A
  • nonviolent entry by trick, i.e. law enforcement officer pretending to be hotel desk clerk
  • exigency exception i.e. objective basis that emergency exists
  • when adherence to the knock & announce would be futile
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20
Q

what can be seized pursuant to search warrant

A
  • items specified in search warrant as evidence of crime

- nondescribed items that are in plain view

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21
Q

duration of search

A

once all of the objects particularly described and sought under a warrant have been found or the police leave, no further searches are permitted under the authority of that warrant

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22
Q

search incident to arrest

A

scope of the search includes the person and the area w/in her immediate control

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23
Q

arrest in public

A

police may arrest person in public place without a warrant provided they have PC to believe that the arrestee committed a felony or a misdemeanor

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24
Q

arresting a suspect at home

A
  • absent exigent circumstances police may not arrest a person at his home without a warrant
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25
Q

rationale of search incident to arrest

A

reasonable because arrestee might have

  • weapon on her person
  • incriminating evidence she might try to destroy
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26
Q

search incident to arrest - opening containers on the person

A

police may open the container and search it at that time or later

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27
Q

search incident to arrest - containers immediately associated with arrestee

A

police may seize a container i.e. purse that the person is holding and may search

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28
Q

search incident to arrest - containers w/in arrestee’s immediate control

A
  • police may seize container that an arrestee can reach & may search it contemporaneous w/ the arrest
  • if police do not search container immediately they must obtain search warrant to open and search later
29
Q

containers in cars

A
  • if find container police can open if it would contain the item they are searching for
  • if they have PC to search container they can search the car for the container and open it
30
Q

when Miranda warnings are unnecessary

A
  • questioning conducted by undercover police agents
  • routine booking questions
  • police questioning about a weapon under the public safety exception
  • use of statements taken in violation of Miranda to impeach the D if she chooses to testify & the statement was not obtained in violation of due process
31
Q

miranda custody

A
  • Miranda does not require an officer to give Miranda warnings to everyone approached for info concerning a crime
  • Miranda only applies to custodial interrogations
32
Q

objective test to determine custody for Miranda

A

how a reasonable person in the suspect’s shoes would have understood the situation

33
Q

Miranda interrogation

A
  • suspect need not be advised of her Miranda warnings as soon as she is arrested as long as she is advised prior to the commencement of interrogation
  • volunteered statements are admissible even if the D is in custody when the statement was made and no Miranda warnings had been given
34
Q

Miranda safeguards come into play when…

A

a person in custody is subjected to either express questioning or its functional equivalent

35
Q

express questioning or functional equivalent

A

any words or actions on the part of police that the police should know are reasonably likely to elicit an incriminating response from the suspect

36
Q

miranda waiver

A
  • may be implied through oral statements and conduct
  • need not be in writing
  • must include proof that an arrestee understood the Miranda warnings and therefore a court may not rely on a presumption that such an understanding exists
  • suspect may talk without attorney present provided valid waiver is obtained
37
Q

re-interrogation after invocation of the right to counsel

A

if the suspect invokes his right to counsel the police cannot interrogate the suspect unless it is the suspect who re-initiates the contact, then waiver after re-warning

38
Q

overnight guest and 4th

A
  • generally has legitimate expectation of privacy in the house they are staying in
  • visitor present w/ owners consent purely for commercial purpose for short period of time w/out previous connection to owner has no 4th protection
39
Q

Terry stop and frisk

A
  • requires reasonable suspicion
  • articulable facts & circumstances that reasonably lead police to believe crime is afoot and or suspect is armed
  • lower standard than PC
  • allows short detention
40
Q

probable cause

A
  • facts and circumstances sufficient for a reasonable person to believe crime is more likely than not
  • need trustworthy evidence that suspect committed the violation and the violation has been committed
41
Q

probable cause needs to search needs

A
  • trustworthy evidence that particular items searched for are connected to criminal activity & items are likely to be found in the location searched
42
Q

reasonable suspicion

A
  • officer must articulate a reasonable basis for suspicion that crime is afoot
  • more than a hunch but less than PC
  • standard is the totality of circumstances
  • requires individualized suspicion
43
Q

searches that do not require individualized suspicion

A
  • road blocks for public safety or info gathering, not general crime detection
  • drug testing with compelling non-prosecutorial public safety need
44
Q

search of other persons on premises

A
  • cannot search person unrelated to authorized scope of search
  • must have PC particular to that person to search bystander or PC to believe she has items on her person named in the warrant OR
  • must have RS for Terry frisk OR
  • must have PC to arrest a bystander on premises & then police may conduct a search incident to arrest
45
Q

protective sweep

A

with RS that dangerous persons are on premises these are permitted

46
Q

car search incident to arrest

A
  • entire passenger compartment & contents of containers may be searched when custodial made of occupant
  • trunk not included only areas accessible without exiting car
  • must have PC for the original arrest to do search incident to arrest
47
Q

inventory searches of cars

A
  • police can conduct warrantless searches of care legally impounded
  • as long as it is standard inventory policy, closed containers in cars can even be searched
  • no need for independent justification if initial seizure of property was valid and police officer acted in good faith in conducting the inventory search
48
Q

consent searches

A
  • police don’t need a warrant of PC if they have consent
  • waiver need only be voluntary, not required to be knowing
  • cannot be product of duress, or coercion, express or implied
  • police do not need to advise about the right to refuse
  • person must have actual authority or reasonably appear to have authority to consent
49
Q

third party consent

A
  • co-inhabitants assume the risk that one of them may permit search of common areas
  • look or control issues i.e. roommate cannot consent to search area she is forbidden in
50
Q

consenting & objecting co-occupants

A
  • rights of present & objecting occupant wins
51
Q

owner’s consent for guest

A

generally binding for non-paying guest, but guest may not consent to search of owner’s property except for areas where guest has access rights

52
Q

Terry frisk

A
  • police may frisk if there is RS that suspect is armed
  • if frisk provides PC to believe there is contraband or other evidence within the narrow weapons frisk officer may expand the search or seizure to the evidence
  • reasonable belief that suspect has contraband or other evidence is not enough for the initial frisk
  • uncorroborated or unreliable anonymous tip does not justify stop & frisk
53
Q

vehicle checkpoints

A
  • checkpoint specifically to detect narcotic violates 4th

- checkpoint to obtain info from public upheld

54
Q

border searches

A
  • extends only to baggage & vehicle searches & personal searches that are not unduly intrusive
  • both citizens & non-citizens have no 4th rights at border or functional equivalent
55
Q

exception to exclusionary rule - independent source doctrine

A

evidence brought in if obtained from source independent of original illegality

56
Q

exception to exclusionary rule - inevitable discovery

A
  • evidence admitted if shown by preponderance of evidence that police would have discovered it anyway without acting unconstitutionally
57
Q

exception to exclusionary rule - attenuation doctrine

A
  • evidence obtained through constitutional violation where connection has been so attenuated as to purge the taint
58
Q

exception to exclusionary rule - good faith

A
  • exclusionary rule does not apply when police act in good faith reliance on existing statutory law or defective search warrant
59
Q

impeaching testifying D

A
  • D’s statements obtained in violation of 5th or 6th can be used to impeach D is she testifies at trial
  • coerced/involuntary confessions obtained in violation Due Process cannot be used for any purpose or to impeach D if she testifies
60
Q

5th involuntary confession

A
  • violates Due Process and cannot be used for any purpose

- coercion must come from government

61
Q

miranda rights triggered by

A

custody

interrogation

62
Q

miranda public safety exception

A

not required when police ask questions reasonably prompted by public safety

63
Q

invocation or right to counsel and right to remain silent don’t last forever…

A

must be reasserted after 14 days to be effective

64
Q

Terry stop (seizure)

A

reasonable if police officer can point to specific articulable facts, that taken together with reasonable inferences would warrant a reasonable officer in believing the suspect is or is about to be engaged in a crime

65
Q

Terry search

A

search is reasonable if the police officer can point to specific articulable facts that, that taken together with reasonable inferences would lead a reasonable officer to believe the person may be armed and presently dangerous

66
Q

officer experience in reasonable suspicion

A

subjective intent of the officer does not matter as long as there are specific articulable facts that would give a reasonably trained officer reasonable suspicion

67
Q

flight as factor for reasonable suspicion

A
  • flight alone is insufficient since there are many innocent reasons to run
  • flight + other conduct can be considered factors
68
Q

elevating reasonable suspicion to probable cause

A

if in the course of the reasonable investigation the quantum of information is obtained that would lead a reasonable officer to believe that crime has been or is being committed

CrimPro (1 decks)

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