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Crim Pro > Midterm Flashcards > Flashcards

Midterm Flashcards

1
Q

KATZ

A
  • 4th amendment protects people not places
  • actual subjective expectation of privacy and the expectation that society accepts as reasonable
    -listening at phone both is not unconstitutional
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2
Q

Jones

A
  • GPS on jeep is a search
  • the government physically occupied private property, the moment the vehicle was touched it became unreasonable.
  • physical intrusion
  • persons houses and effects
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3
Q

KNOTTS

A
  • jeep with tracker in barrel not search
  • no reasonable expectation of privacy extended to visual observation of vehicle on highway
  • named eye could have seen without an enhancement
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4
Q

Greenwood

A
  • garbage collection on curb not unreasonable
  • trash bag on curb particularly suited for public inspection, no reasonable expectation for privacy
  • police cannot advert their eyes rom evidence of criminal activity that can be observed by public
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5
Q

Danny Kyloo

A
  • thermal search on house is unconstitutional
  • device not available to general public to explore details of house that can’t be seen without a physical intrusion is unreasonable without warrant
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6
Q

Micheal Smith

A
  • pen registrar is not a search
  • TPD: petitioner voluntary conveyed information to a third party and this could not have had a reasonable expectation of privacy
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7
Q

Ray Oliver

A
  • open field is not a search
  • open fields do not provide the setting for intimate activities the 4th intended to protect
  • individual cannot have expected a privacy for actions outside curtilage
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8
Q

Ron Ron Dunn

A
  • The areas outside of the curtilage are not protected by constitution
  • 4 factors for curtilage
    • proximity of the area claimed to be curtilage to the home
    • whether the area is included within an enclosure
    • the nature of how the area is sued;
    • the steps taken by the resident to protect area from people passing by
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9
Q

Ciraolo

A
  • airplane to see curtilage at 1000 ft is okay
  • non intrusive and could’ve been seen by naked eye in navigable areaways
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10
Q

Micheal Ray

A
  • chopper at 400 ft is okay
  • public navigable areaway
  • no reasonable expectation of privacy
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11
Q

Carpenter

A
  • phone location records are not okay bc it invades the location, family life, professional, religion, etc.
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12
Q

Park Mobile HYPO

A
  • not a search to look up parking history of all the cars or a singular car
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13
Q

Raymond place

A
  • drug dog at airport is enough for probable cause
  • no physical intrusion
  • sue generis (of its own kind)
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14
Q

CABALLES

A
  • drug dog sniff at traffic stop is okay for a 10 min hold, if more then we should discuss
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15
Q

Jardines

A
  • drug dog at someone’s front porch is an unlawful search bc curtilage
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16
Q

Harris

A

-bad drug dog is okay as long as search was reasonable

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17
Q

Gates

A
  • totality of circumstances
  • anon tip
  • magistrate need to consider all the information in the affidavit
  • probable cause that evidence is in particular place or certain person committed the crime
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18
Q

When

A
  • plain clothed officer in high drug area
  • objective intent of officers
  • pre-textual stops are okay
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19
Q

Wes by

A
  • vacant house party, drugs, sex
  • totality of the circumstances for probable cause, entire picture
  • objective view
  • probable cause is having a good feeling, intuition, articulate, conclude
  • reasonable suspicion: less than probable cause, something is a miss here but I don’t know what
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20
Q

Jerome Franks

A
  • lied on affidavit
  • challenge statements within the affidavit
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21
Q

Valid Warrant requires?

A
  • particularity of the things to be searched enough to be probable cause
  • neutral and detached magistrate with sworn oath or affirmation
  • specify the things to be searched the people to be searched
  • where the officers can search
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22
Q

Anderson

A
  • particularly of the things to be seized
    Totality of circumstances
    4 corners
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23
Q

Groh

A
  • specifics in application don’t transfer to the warrant
  • factually invalid warrant is no good
  • special agent lied to wife and husband wasn’t there
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24
Q

Sharlene Wilson

A

Knock and announce is the default rule
Articulate to justify the reasons

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25
Q

Richard’s . Wilson

A
  • case by case upon reasonableness, totality of the circumstances in knock and announce
  • police have to have reasonable suspicion to not knock and announce presence would make the circumstances dangerous to them or to preserve evidence
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26
Q

MENA

A
  • officers can detain ppl while search is happening
  • less intrusive than search itself
  • officer safety
  • don’t have to ve detained to be arrested
  • can obtain on scene but can’t search
  • has to be within the vicinity
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27
Q

Harold Garrison

A
  • mistakes happen as to warrants, as long as they were taken out properly its okay
  • warrant was valid but search was carried out in a honest mistake
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28
Q

Rittel

A

Can detain white people for their safety, totality of the circumstances

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29
Q

Staleness

A

Warrant not ripe, probable cause today doesn’t mean tomorrow

30
Q

Plain view

A

Officers can seize what is clearly incriminating evidence of contraband and when the police are where they are supposed to be to be when they discover it

31
Q

Coolidge

A
  • magistrate has to be detached and neutral
  • police need to be where they supposed to be
  • instrumentalities of the crime
32
Q

Plain feel Dickerson

A
  • pat down is lawful, cannot seize something if it doesn’t feel like a weapon
33
Q

Carney

A

Automobile is high regulated, its readily movable, licensed to operate in the streets, where was it wen found

34
Q

Acevedo

A
  • cops can search particular place in car if they have probable cause to believe where the evidence is located and can only search where the evidence can fit
35
Q

Search has to be what under the 4th

A

A government action

36
Q

Search Incident to Lawful Arrest

A
  • there has to be an arrest
  • the arrest has to be lawful
  • the search must be incident to the arrest, that is, close in time and space of arrest
37
Q

Ted Chimel

A
  • police go to arrest dude with an arrest warrant for coin burg
  • officers can search the arrested person and area within his reasonable control, not the places other than his immediate control.
  • this is for the officers safety
38
Q

Knowles

A
  • man stopped for speeding citation, officers pulled him out of the car, cuffed him, adn then searched his car
  • there can be no search incident to lawful arrest to protect the officers if the defendant has already been arrested because then there is no danger to the police nor can evidence be destructed.
39
Q

Grant

A
  • officers cannot search the vehicle when the person has already been arrested, there was no safety at issue.
  • the person has to be within immediate control of the other.
  • SILA is okay when there is a reasonable belief that there is evidence of the offense of the arrest might be found in the vehcile.
40
Q

Dude is pulled out of car, where can police search?

A
  • front of the car
  • maybe not the back seat
  • floor of front
  • not the trunk
  • not the locked container because it is not immediately assessable.
41
Q

David Riley

A
  • cell phone search are not okay
  • sila is for loookking for evidence of a crime or a weapon
  • there was no reasonable belief that the officers needed to search his phone without a warrant
  • inventory searches are not search’s.
42
Q

Plain view

A
  • permits an officer to make a warrant less seizure of incriminating items that he comes upon while otherwise engaged in a lawful arrest, entry, or search
  • the plain view does not permit a search, but a seizure of something already discovered
    Officer can make a warrant less seizure
43
Q

Busta

A
  • police stop car, 6 men in vehicle
  • owner wasnt there, but the driver gave permission
  • person in apparent control can consent to car searches as long as the consent was voluntary adn not a product of coercion or threat
44
Q

FITZ

A
  • man and wife in the house, husband says no, wife says yes, cops enter anyways
  • a physical present co-occupant’s stated refusal to permit the entry prevails, rending the search unreasonable and invalid to him.
45
Q

Fernandez

A
  • there was a gang dude who stabbed someone
  • some dude saw him run to this apartment and told the cops
  • the husband said no you cant enter, and then he was arrested
  • 1 hour later the wife gave permission
  • one occupant can be taken away and the other can consent and then the search is constitutional
46
Q

Back pack and apartment

A
  • the person in control of the backpack can grant consent for it to be searched while they have apparent authoirty, but they can relinquish control
  • someone in the apartment can authorize a search of the place that they are like the sole owner of or where there is a shared living
47
Q

Hayden

A
  • man had robbed a store adn then the police were immediately notified and they knew where he went and then the police entered it without a warrant and arrested
  • the arrest need be contemporaneous or close in time, a suspected, armed felon into the house, the scope was broad and it was reasonably necessary for the cops to get the felon and stop danger
48
Q

Payton

A
  • state cannot create statutory exit gent circumstances in their own law
49
Q

Hot Pursuit Sumamry

A
  • need probable cause to believe that the subject has just committed a crime and that he will be in a particular place in the dwelling
  • the heat of the chase is emphasized
  • limited to those areas in which suspect or weapons could be hidden
50
Q

Stuart (community care-taking exigency)

A
  • there was a party and these officers saw these dudes getting hit and stuff
  • officers can enter a home without a warrant to render emergency assistance to an injured occupant or other protect an occupant from imminent injury.
51
Q

Fisher

A
  • man was going crazy and officers saw him form outside throwing stuff and bleeding
  • officers can enter a house to prevent someone from hurting themselves, the emergency does not depend on the seriousness for the crime, it only requires that there was an objectively reasonable basis for believing the person in the house needed immediate aid.
52
Q

King

A
  • police can create their own exigency and be good
  • officers can enter the house without a warrant to prevent the destruction of evidence
  • the officers set up a sting and caught the dude
    And then went to the apartment and heard moving in the house and smelt weed so that’s what they did
53
Q

McNeely

A
  • there is no categorical rule for drunk driving, you have to look at the totality of the evidence
  • dude was forced to be taken to the hospital to get his blood drawn when he was drunk
54
Q

Birchfield

A
  • breathe test are okay, but blood tests are not okay
  • you have to balance the personal privacy interest v. The governments interest.
55
Q

welsh

A
  • the exigent circumstances exceptions to the 4th amendment does not allow warrant less entry into the house to make an arrest for a minor offense
56
Q

Flores-Montana

A
  • customs found weed in the gas tank
  • you can inspect the gas tank at the border because the governments interest in finding drugs in the country outweigh the little interests of the person
57
Q

Amado

A
  • you don’t need a reoansable suspicion at perm checkpoints, Balance the gov interest (at the zenith at the border versus individual interests)
  • minimum intrusion into the person expectation of privacy
58
Q

Ramsey

A
  • bulky mail
  • Thailand
  • reasonable cause to suspect is needed to go through mail at the airport
  • totality
59
Q

De Hernandez

A
  • 16 hours to wait for someone to poop is okay if at the international border because the interest weigh in favor of the government with reasonable suspicion.
60
Q

Extended border

A
  • 100 miles form the action border
  • international airports and that surrounding them
61
Q

Rick

A
  • the stops are seizures, but use the balancing test to see if it is reasonable
  • drunk check points are okay because the government interest/publci safety outweigh the persons reasonable expectation
62
Q

Indy v. Edward

A
  • checkpoints that primary purpose if for the generalized interest in crime control is not okay, with particularized suspicion or consent
63
Q

Lidster

A
  • roadblock and check points are okay to seek information form the public because the primary purpose was for the safety of the public
64
Q

Buie

A
  • protective sweeps are okay, after they arrest the person, they can look at reasonable places where a person couldn’t be for their safety adn stuff
  • this case was an armed robbery
65
Q

Permissive Sweep

A
  • the physical scope of protective sweep is extended beyond those areas that are SILA
  • sweeps are permitted to only protect against dangers to those present during the arrest, police can only search reasonable areas where a person can be found
  • the search must be cursory inspections of those areas
66
Q

Solid ass Rule statement

A
  • It is a “basic principle of Fourth Amendment law” that searches and seizures inside a home without a warrant are presumptively unreasonable. Yet it is also well settled that objects such as weapons or contraband found in a public place may be seized by the police without a warrant. The seizure of property in plain view involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with criminal activity.
  • [T]his distinction has equal force when the seizure of a person is involved. [T]he critical point is that any differences in the intrusiveness of entries to search and entries to arrest are merely ones of degree rather than kind. The two intrusions share this fundamental characteristic: the breach of the entrance to an individual’s home. The Fourth Amendment protects the individual’s privacy in a variety of settings. In none is the zone of privacy more clearly defined than when bounded by the unambiguous physical dimensions of an individual’s home—a zone that finds its roots in clear and specific constitutional terms: “The right of the people to be secure in their … houses … shall not be violated.” That language unequivocally establishes the proposition that “[a]t the very core [of the Fourth Amendment] stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. 
67
Q

Warrantless searches conducted outside the judicial process are

A

Are per se unreasonable

68
Q

Knock and announce exceptions

A
  • under circumstances presenting a threat of physical violence
  • in hot pursuit cases
  • preservation of evidence
69
Q

What is a search under the 4th?

A

Katz: did the search violate the defendants/subjected expectation of privacy and one that society would consider reasonable

Jones: is the government trespassing on a constitutionally protected area?

70
Q

Gov action?

A
  • all gov officials
  • persons that act on behalf off of the government.

Crim Pro (1 decks)

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