Master Flashcards
Expectation of Privacy - Main Rule
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. . .” Fourth Amendment “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . without due process of law . . .” Fourteenth Amendment. Under the Fourteenth Amendment Due Process, the Fourth Amendment is incorporated to the states. Ramos. “[A]ll evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.” Mapp. The Fourth Amendment “protects people, not places.” Katz. The privacy-based approach is a two-part test: (1) did the party exhibit an actual (subjective) expectation of privacy? (2) Was that expectation one that society is “prepared to recognize as reasonable”? Katz (Harlan concurring). Individuals have a reasonable expectation of privacy in the whole of their physical movements. Carpenter (citing Jones). The Third-Party Doctrine states that “[a] person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Id.
Expectation of Privacy Issues
Issue: Is there a privacy interest under 2 prong test (subjective and objective)?
- Katz
- Greenwood
- Riley
- Jones
- Carpenter
Issue: Third Party Doctrine
- Carpenter
Issue: Property Approach
- Jones
- Jardines
Warrants - Main Rule
“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 . . .” Fourth Amendment. Under the Fourteenth Amendment Due Process, the Fourth Amendment is incorporated to the states. Ramos. “[A]ll evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.” Mapp. Probable cause is a fluid concept based on the totality of circumstances. Gates. Probable cause is a fluid concept based on the totality of circumstances. Gates.
Warrant - Issues
Neutral magistrate?
- Gates
Probable cause?
- Gates
- Pringle
- Leon
Particular Description?
- Garrison/Leon
- Richards
Exceptions?
- Good Faith Exceptions
- Others
Exception to Warrant - Issues
Exigent circumstances?
- Kentucky (destruction of evidence - weed)
SITA?
- Chimel (in the home = of the person + area within immediate control)
- Arizona (of the vehicle = unsecured + within reaching distance of passenger compartment + evidence relevant to crime in car)
- Riley (cell phone data = need warrant)
Plain view?
- Payton (casing must be in public/lawful place)
Automobile?
- Carney (mobile home, weed in exchange for sex)
- Acevedo (fedex package of weed in car)
Stop and frisk?
Stop
- Terry (hovering, staring in window 24x, third guy)
- JL (anonymous tip with no predictive info on black man with plaid shirt)
- Wardlow (high crime area, unprovoked flight
Frisk
- Terry (daylight robbery, nothing to negate hypothesis, tempered act)
Consent?
- Schneckloth (“sure, go ahead” = valid)
- Randolph (one guy says yes, one guy says no = not valid)
Seizure of a Person - Main Rule
“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 . . .” Fourth Amendment. Under the Fourteenth Amendment Due Process, the Fourth Amendment is incorporated to the states. Ramos. “[A]ll evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.” Mapp. Probable cause is a fluid concept based on the totality of circumstances. Gates. PC standard is “incapable of precise definition or quantification into percentages because it deals with probabilities. Pringle. Probable cause requires a reasonable ground for belief of guilt, and that the belief of guilt is particularized to the person being searched or seized. Pringle. Mere presence at the scene of criminal activity is generally not enough to establish probable cause but it may be when police come upon a group of people in close proximity to obvious criminal activity. Pringle. An arrest requires either physical force or, where that is absent, submission to the assertion of authority. Hodari D. The application of physical force to the body of a person with the intent to restrain is a seizure, even if the force does not succeed in subduing the person. Torres.
Seizure of a Person - Issues
Issue: Minor offense?
- Atwater. (stop for unbelted kids in front seat results in arrest)
Issue: Is it reasonable to get an DNA sample post-arrest as part of booking?
- King (DNA sample search post-arrest for a non-DNA related crime
Issue: Do you need a warrant for Exigent circumstances?
- Mitchell (DUI)
Issue: was there an arrest?
- Hodari D. (Kid stop!)
- Torres (guns flying)
Seizure in a home - Main Rule
“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 . . .” Fourth Amendment. Under the Fourteenth Amendment Due Process, the Fourth Amendment is incorporated to the states. Ramos. “[A]ll evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.” Mapp. Probable cause is a fluid concept based on the totality of circumstances. Gates. PC standard is “incapable of precise definition or quantification into percentages because it deals with probabilities. Pringle. Probable cause requires a reasonable ground for belief of guilt, and that the belief of guilt is particularized to the person being searched or seized. Pringle. “It is ‘a basic principle of Fourth Amendment law’ that searches and seizures inside the home without a warrant are presumptively unreasonable.” Payton. The Fourth Amendment draws a “firm line at the entrance to the house”; thus, a warrant is generally required to arrest a person in a home. Payton.
Seizure in a Home - Issues
No one home?
- Payton
Search incident to arrest?
- Chimel. (coins were not found in immediate control)
Exigent circumstances:
- King (Two doors)
Exclusionary Rule - Main Rule
“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 . . .” Fourth Amendment. “The Fourth amendment protects people, not places. . . But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” Katz. Under the Fourteenth Amendment Due Process, the Fourth Amendment is incorporated to the states. Ramos. “[A]ll evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.” Mapp. Must determine whether evidence – whether direct or derivative – is fruit of the poisonous tree. Wong Sun.
Exclusionary Rule - Issues
Intervening act of free will by the defendant themselves?
- Wong sun (illegal arrest, went to police station on own accord)
Attenuation?
- Brown (illegal arrest, Miranda warnings not sufficient
- Utah (invalid Terry stop, arrest warrant sufficient)
Independent source?
- Murray (illegally saw weed, validly obtained warrant)
Inevitable discovery?
- Nix (violated 6th amendment, massive search for body)
Knock and announce?
- Hudson (failed to knock and announce, evidence still admissible
Ineffective Assistance of Counsel - Main Rule
“[T]he accused shall enjoy the right to a speedy and public trial, by an impartial jury . . . and to have the Assistance of Counsel for his defence.” Sixth Amendment. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . without due process of law . . .” Fourteenth Amendment. Sixth Amendment right to counsel is a fundamental right and incorporated to the States. Duncan. This right extends to all indigent felony defendants in state prosecutions. Gideon. The Strickland test for ineffective assistance of counsel is if there is (1) deficient performance of counsel and (2) prejudice that resulted in the deprivation of a fair trial. Birthwright. Deficient performance of counsel is held to the standard of reasonably effective assistance and is a highly deferential standard. Birthwright.
Ineffective Assistance of Counsel - Issues
Birthwright
(1) deficient performance of counsel and
(2) prejudice that resulted in the deprivation of a fair trial.
5th Amendment Miranda - Main Rule
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. . .” Fifth Amendment. The Fifth Amendment is incorporated to the States. Duncan. Miranda procedural safeguards are Safeguards are in place to combat inherently compelling pressures of a custodial interrogation; Interrogation must cease if Defendant invokes right to remain silent or right to counsel; Waiver of Miranda must be knowing and voluntarily. Miranda. Express questioning or functional equivalent is an interrogation. Innis. The current standard for whether a confession is voluntary is the police methods approach which is a totality of circumstances standard. Spano
5th Amendment Miranda - Issues
Custody?
- JDB (13 year old in closed conference room would not feel free to terminate questioning + leave)
Interrogation?
- Innis (officers talking, Innis unexpectedly caves → no interrogation)
- Perkins (prisoner talking to undercover cop → no interrogation)
Right to remain silent?
- Thompkins (taking a break + answering three questions = not a proper invocation of right + waived right)
- Salinas (came into police station on his own accord, no unequivocal right to remain silent)
Right to counsel?
- Shatzer (14 day cooling off period sufficient to dissipate coercive effects of custody because return to normal (prison) life + can consult with friends and counsel)
Fruit of the poisonous tree?
- Patane (gun admissible because fruit of voluntary (but unwarned) statement)
- Seibert (question first approach, with lots of overlap between two questionings = not enough of a break for D to think he has the right to not talk with the police)
Public safety exception?
- Quarles (question about whereabout of guns prompted by concern for public safety)
