Mid Term

Question 1

Exceptions Search Warrant

Answer 1

S - Search incident to arrest
P - Plain View
A - Automobile 
C - Consent
E - Exigent Circ
S - Special circumstances ; inventory, community care taking

Question 2

Evaluation

Answer 2

1. Standing?
   - personally asserts own rights
2. Is Def one of the “People” protected?
   - US citizen .. etc
3. Is the thing a - person, house, paper, or effect?
4. Was it a Search? A Seizure?
5. Was it Reasonable?
6. Does Exclusionary Rule apply ?

Question 3

Exclusionary Rule is a …?

Answer 3

Remedy to deter improper police actions

The gov’t shouldn’t be a law breaker

Question 4

Does Exclusionary rule applies to states ?

Answer 4

Yes- Rule: All evidence obtained by searches and seizures in violation of the Constitution is inadmissible

Question 5

Who does the 4th protect?

Answer 5

Protects PEOPLE not Places

Question 6

Two Prong- Expectation of Privacy Test (need both)

Answer 6

1. Person exhibits an actual (subjective) expectation of privacy
2. The expectation is one that society (objective) is prepared to recognize as “Reasonable”

Question 7

” False Friend Doctrine”

Answer 7

you assume the risk

Question 8

Pen Register

Answer 8

1. Minimal information - just numbers

2. 3rd Party Rule - assumption of the risk

Question 9

Dog Sniff

Answer 9

• thing they detect is contraband
• no privacy issue
  Limited information

Question 10

Open fields

Answer 10

No reasonable expectation of privacy

Question 11

Curtilage - Four Factors

Answer 11

1. Proximity of the area to the home
2. Area included in an enclosure surrounding the home
3. Nature of the uses of the area
4. Steps taken to protect the area from observation

Question 12

EXAM THOUGHTS:

Answer 12

1) What is the normative value of privacy?
2) What can we reasonably expect to be private?
3) Drones?
4) Facial Recognition?

Question 13

Thermal Imager

Answer 13

Gained info about the interior of a home w/ technology that could not be obtained w/o physical intrusion into a constitutionally protected area = a search

Question 14

Driving in public

Answer 14

No reasonable expectation of privacy in movements when driving an automobile on public thoroughfare

Question 15

Trespass and 4th

Answer 15

Expectation of privacy test is in addition to trespass grounds not replacing it

Question 16

2 Kinds of Seizures

Answer 16

1) Person

2) Property

Question 17

Seizure Rule

Answer 17

to be a seizure of property there must be a meaningful interference w/ an individual’s possessory interest in that property

Question 18

Seizable Evidence -: only 4 things can be seized w/ PC to believe is criminal evidence

Answer 18

1) Contraband - things that may not be lawfully possessed by a private party
2) Fruits of a crime
3) Instrumentalities of a crime
4) Mere evidence - item of value b/c it will help the police in apprehension or conviction of a person for an offense

Question 19

Seizure of a Person

Answer 19

Occurs when the officer by means
of physical force or
show of authority
has in some way restrained the liberty of a citizen

Question 20

Probable Cause

Answer 20

It exists where
- facts and circumstances w/in the officer’s knowledge

• reasonably TRUSTWORTHY information
  … sufficient to warrant a man of reasonable caution in the belief that an offense
  … has been committed or is being committed

Question 21

PC Test

Answer 21

1) New Test / RULE

Totality of Circumstances

• Given all of the circumstances set forth in the affidavit before him including

(Credibility or Reliability)

1. the veracity and
2. basis of knowledge of persons supplying the hearsay information,

– there is a fair probability that the contraband or evidence of a crime will be found in a particular place

Question 22

Arrest in Public

Answer 22

Public Warrantless arrests are OK

Question 23

When Can you go into a home to make a warrantless arrest?

Answer 23

• You can’t go into a home to make an arrest w/o a warrant

- 3rd party’s house to find the suspect and use the arrest warrant = Need a search warrant

Question 24

Warrant Exception - Exigency

Answer 24

1) “Hot Pursuit” - prevent escape
2) Imminent Destruction of Evidence
3) Risk of Danger to police or other persons

Question 25

Invalid arrests effect on the prosecution ?

Answer 25

None

Question 26

Knock + Announce

Answer 26

Implicit in the reasonableness clause required under the 4th BUT not every search needs this to be reasonable
-Time required to come in after knock 15-20 seconds
( avoid violence, protect property, privacy, dignity)

Question 27

Search Warrant needs ..to be approved ..[Elements]

Answer 27

• By a neutral detached magistrate and must describe with particularity the place to be searched and the things to be seized
• supported by oath or affirmation

Question 28

Warrant Exception - Search Incident to Lawful Arrest

Answer 28

Can search the Person + Immediate Area w/in his immediate control (automatic)

Question 29

Warrant Exception - Special Circumstances

Answer 29

Inventory -Police can do a warrantless Inventory search at station after arrest
Community Caretaking - protect people

Question 30

Warrant Exception - Plain View

Answer 30

1) Lawfully where were when they viewed the evidence
2) Immediately recognizable as seizeable (incriminating)
3) Lawful right to physically access the object

Question 31

Warrant Exception - Automobile
Or
Automobile exception

Answer 31

Search car Incident to Arrest only if the arrestee
1) w/in REACHING DISTANCE of passenger compartment at the time of the search
~or~
2) it’s reasonable to believe the vehicle contains evidence of the offense of the arrest
//

W/ pc can search whole car bc it’s readily mobile and low expectation of privacy

Question 32

Warrant Exception - Consent

Answer 32

OK waived privacy

a) Must be freely given w/o duress or coercion
b) NO right to know that you can refuse
c) Can limit search
d) Can stop search

Question 33

Passenger Containers Search

Answer 33

Can search passenger containers in cars if capable of holding the evidence w/ PC

Question 34

Who Can consent?

Answer 34

1) Authority
2) Apparent Authority - Based on the REASONABLE belief of the cop at the scene w/ available facts at the time of the search that the person granting consent had the authority to do so