Quick Case Reviews

Question 1

Rochin v. California

Answer 1

Shocks the conscience test

Question 2

Weeks v. United States.

Answer 2

Evidence seized and unlawful search excluded from use in federal courts
Exclusionary Rule Established to ensure police and prosecution follow the rules

Question 3

Wolf v. Colorado.

Answer 3

Incorporated Fourth Amendment to the states

Question 4

Mapp v. Ohio

Answer 4

Exclusionary rule applied to the states

Question 5

Katz v. United States

Answer 5

Legitimate expectation of privacy test

Question 6

Coolidge v. New Hampshire

Answer 6

Plain view doctrine

1. Legally positioned 2. Immediately apparent that the object is evidence of criminal activities 3. Discovered inadvertently.

Question 7

California v. Hodari

Answer 7

Person not seized if told to stop but keeps running.

Question 8

California v. Greenwood

Answer 8

Garbage outside cartilage on curb for pick up is abandoned. No expectation of privacy. Some states differ in opinion..

Question 9

Payton v. New York

Answer 9

Need arrest warrant to arrest someone in their home

Payton v. New York (1980), the Supreme Court held that the Fourth Amendment prohibits police from entering a suspect’s home to make a routine felony arrest without a warrant, unless exigent circumstances exist

Question 10

Warden v. Hayden

Answer 10

Hot pursuit (exigent circumstances) can chase person into a home and need no warrant

Question 11

Welsh v. Wisconsin

Answer 11

Hot pursuit of person into a house for a misdemeanor or less is not permitted. It violates the Fourth Amendment

Question 12

Tennessee v. Garner

Answer 12

Use of deadly force for all fleeing felons rule was held unconstitutional.

Question 13

Herring v. United States

Answer 13

Exclusionary rule does not apply if officer acts in good faith.

Question 14

Kyllo v. V United States

Answer 14

The use of thermal imaging devices violates the fourth amendment as it is an unlawful search of a home technology may not be used on a home without a warrant.

Question 15

Steagald v. United States

Answer 15

Need both an arrest warrant and a search warrant to arrest a person in a third-party‘s home.

Question 16

Florida v. Jardines

Answer 16

It violates the fourth amendment to bring a drug sniffing dog onto the cartilage of a residence.
Trick or treat NOT Fido smells your feet .. without a search warrant.

Question 17

Minnesota v. Dickerson

Answer 17

Must use “plain feel” rule when searching someone for drugs during a frisk

Question 18

What case brought about the “Shocks the conscience” test?

Answer 18

Rochin v. California

Question 19

What Supreme Court case ruled that evidence seized from an unlawful search was to be excluded from use in federal courts?
It established The Exclusionary Rule to ensure police and prosecution follow the rules

Answer 19

Weeks v. United States.

Question 20

What landmark Supreme Court case incorporated the Fourth Amendment to the states?

Answer 20

Wolf v. Colorado

Question 21

What case extended The Exclusionary Rule to the states?

Answer 21

Mapp v. Ohio

Question 22

What is an encounter in the context of police stops?

Answer 22

Informal police stops of individuals.

Question 23

What happens during a police encounter?

Answer 23

An officer approaches someone and asks for or engages in voluntary conversation.

Question 24

Are individuals required to stay during a police encounter?

Answer 24

Individuals are free to walk away at any time.

Question 25

Do individuals have to answer questions during a police encounter?

Answer 25

A person doesn't have to answer any questions or identify themself.

Question 26

Does an officer need suspicion of a crime to initiate a consensual encounter?

Answer 26

The officer doesn't need any suspicion of a crime to initiate a consensual encounter.

Question 27

What is the purpose of police talking to the general public?

Answer 27

Could be community engagement The officer may just be trying to find out if anyone saw anything.

Question 28

How can a police encounter be characterized?

Answer 28

Can be friendly or probing.

Question 29

How might a police encounter end?

Answer 29

Can end with person saying: 'I'm late, I need to get on my way' and officer says: 'Thanks a lot take care.'

Question 30

What is Reasonable Suspicion?

Answer 30

A police officer may undertake an investigative stop of a suspect where the officer has an objective, factual basis to suspect that 'crime is afoot' and the suspect has engaged in, is about to engage in, or is engaging in criminal activity.

Question 31

How is Reasonable Suspicion Determination made?

Answer 31

It is based on the totality of the circumstances, and no single fact may be determinative.

Question 32

What factors do police consider for Reasonable Suspicion?

Answer 32

1) The suspect's actions such as nervousness and evasiveness. 2) Frequency and type of criminal activity in the area such as time of day. 3) The officer's prior knowledge of the suspect.

Question 33

What is required for the Reasonable Suspicion Standard?

Answer 33

Police officers must have a specific and articulable reason to believe a person is engaged in or is about to engage in criminal activity.

Question 34

What does 'Articulable Suspicion Of The Totality of Circumstances' mean?

Answer 34

It means that officers must be able to explain their experience, the facts surrounding the stop, and how it was more than just a 'hunch'.

Question 35

What are officers allowed to do under Reasonable Suspicion?

Answer 35

Stop, Frisk, and ask for identification Officers are allowed to stop and pat down the outer clothing looking for weapons, intended for the safety of officers. Ask for information and identification from the suspect.