Plain View & Touch Doctrines

Question 1

Horton v. CA

Answer 1

Uzi (discovered inadvertently) seized in plain view…

Question 2

Plain view (hoton v. CA)

Answer 2

an exception to the general rule.

Plain view alone is never enough to justify warrantless seizure of evidence…incriminated character must be immediately apparent.

evidence must be inadvertent

Question 3

AZ v. Hicks

Answer 3

turntable case (taken during robbery). PC is required. Under certain circumstances, police may seize evidence in plain view without a warrant (Coolidge).

Question 4

Schneckloth v. Bustamonte

Answer 4

totality of all the circumstances to determine if consent was freely and voluntarily given.

prosecution need not establish the knowledge of the right to refuse consent.

Holding: when the subject of a search is not in custody and the state attempts to justify a search on the basis of his consent, the 4th & 14th amendments require that it demonstrate voluntary consent, not a result of duress or coercion, express or implied.

-knowledge of a right to refuse is only a factor.

dissent: voluntary relinquishment of a known right.

Question 5

Why give consent?

Answer 5

So innocent wont be charged.

Question 6

Bumper v. North Carolina

Answer 6

Officer said he had a s/w, didn’t, claimed voluntary consent.
- not voluntary consent
- burden on plaintiff to prove voluntariness.

Question 7

Georgia v. Randolph

Answer 7

A warrantless search of a shared dwelling for evidence over the express refusal of consent by a physically present resident cannot be justified as reasonable as to him on he basis of consent given to the police by another resident.

WIFE - consent
HUSBAND - refused.

Question 8

U.S. v. Matlock

Answer 8

valid warrantless entry and search with voluntary consent.

Question 9

Illinois v. Rodriguez

Answer 9

warrantless entry to Rodrigues (ex-bf) home is valid if officers reasonably believe person giving consent has authority over premises (objective standard).

Question 10

exclusionary rule

Answer 10

no evidence seized in violation of the 4th Amendment will be introduced at trial unless defendant consents.

Question 11

Doctrine of apparent authority

Answer 11

Look this up.

legit under the 4th Amendment.

Question 12

Terry seizure

Answer 12

breif questioning ok

Question 13

when does a seizure occur?

Answer 13

detainment

Question 14

terry v. ohio

Answer 14

rule p. 399

Question 15

Dunway v. NY

Answer 15

PC required for an arrest

Question 16

terry dissent

Answer 16

Douglas - reasonable suspicion required for a frisk.

Question 17

U.S. v/ Mendenhall

Question 18

California v. Hodari

Question 19

Alabama v. White

Answer 19

Look up

totality of circumstances, caused reasonable suspicion.

Question 20

Kansas v. Glover

Answer 20

reasonable enough to believe the car owner is driving the car (revoked license)

Question 21

IL v. Wardlow

Answer 21

the determination of reasonable suspicion must be based on commonsense judgments and inferences about human behavior. Unprovoked flight in a high crime area justify Terry stop.

Question 22

FL v. Royer

Answer 22

when an officer, w/out R/S or P/C, approaches an individual, the individual has a right to ignore the police and go about his business.

Question 23

Terry

Answer 23

Individual in an area of criminal activity, standing alone is not enough for reasonable suspicion. People have to live in a high crime area.

Question 24

Maryland v. Buie

Answer 24

(protective sweep red jumpsuit): precautionary matter and without probable cause or reasonable suspicion, look in closets and other spaces immediately adjoining the place of arrest from which an attack could occur.

Question 25

Maryland v. Kind

Answer 25

p. 457

Question 26

Mi Dept. of State Police v. Sitz

Answer 26

sobriety checkpoints do not violate the 4th & 14th Amendment.

Question 27

Brown v. Tx

Answer 27

constitutional balance standard of states interest and the level of intrusion on the individual’s privacy.

Question 28

City of Indianapolis v. Edmond

Answer 28

a suspicion-less roadside checkpoint established for the purpose of deterring general criminal activity is unlawful under the 4th Amendment.

Question 29

Minn v. Olson

Answer 29

p. 493

Question 30

U.S. v. Anderson

Answer 30

p. 483

Question 31

Simmons.

Answer 31

p. 491? Cannot use your admission in our case in chief.

Question 32

Alderman

Answer 32

It is possible for one person to have standing even if another defendant does not.

Question 33

Rakas v. Illinois

Answer 33

A passenger in a car belonging to someone else does not have a legitimate expectation of privacy in the car or in items found in the car that do not belong to him and thus may not challenge the search of the car or seizure of the items as unconstitutional.

Question 34

Minn v. Carter

Answer 34

To claim Fourth Amendment protection, an individual must have a reasonable expectation of privacy in the place searched.

Question 35

Mapp v. Ohio

Answer 35

all evidence obtained by searches and seizures in violation of the Constitution is by that same authority, inadmissible in state cout.

Question 36

Rawlings v. Kentucky

Answer 36

p. 503

Question 37

Silverthorn Lumber Co. v. United States

Answer 37

The Gov’t cannot violate the 4th Amendment & use the fruits of such unlawful conduct to secure a conviction.