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CrimPro > Search and Seizure > Flashcards

Search and Seizure Flashcards

1
Q

Under the _____ ___, evidence obtained in violation of a defendant’s Fourth Amendment rights (is/is not) admissible to establish the guilt of the defendant at trial.

A

Exclusionary Rule

Is not

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2
Q

The ___ ___ protects against ____searches and seizures by criminal law enforcement agents.

A

4th Am.

Unreasonable

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3
Q

To have a protected Fourth Amendment right, a person must have a ___ ____ ____ ____with respect to the place searched or the item seized.

A

R.E.O.P

(reasonable expectation of privacy)

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4
Q

For a search based on a search warrant to be constitutionally valid, the warrant must be based on ___ ____ and must describe with reasonable precision the ___ to be searched and the ____ to be seized.

A

Probable Cause

Place

Item(s)

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5
Q

True/False:
A search warrant authorizes the police to search persons found on the premises who are not named in the warrant.

A

FALSE

However (S).P.A.C.E.S may apply if the police have P.C.

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6
Q

True/False:
If a person is not named in the warrant and circumstances justifying an arrest of that person do not exist, the police may search her for the objects named in the search warrant only if they have probable cause to believe that the objects are in her possession.

A

TRUE

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7
Q

Mere presence at a place for which the police have a search warrant (does/does not) authorize a search of a person not named in the warrant.

A

DOES NOT

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8
Q

A warrant must be based on a showing of ____ ____.

A

Probable Cause

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9
Q

In submitting a request for a warrant, a police officer must also submit an ___ setting forth ____ ____ ___ so that the ___ can make a determination of probable cause independent of the officer’s conclusions.

A

Affidavit

Sufficient underlying circumstances

Magistrate

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10
Q

True/False:

An affidavit submitted to a magistrate to determine PC may be based on an informant’s statements

A

TRUE

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11
Q

What are the factors the magistrate will look to in determining if an informant’s statements are sufficient?

A

Reliability, credibility, and basis of knowledge

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12
Q

Can probable cause for the issuance of a search warrant be based on hearsay?

A

Yes, if the information comes from a reliable informant

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13
Q

Does a police officer need to submit the identity of the informant to the magistrate in order to secure a search warrant?

A

No

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14
Q

True/False:
Police can always enter into someone’s residence without a warrant if the purpose is to make a felony arrest

A

False

Absent an emergency (or exigent circumstance) police may not enter into a home to conduct a warrantless search (Payton v. NY)

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15
Q

True/False:
If police have reason to believe that someone is destroying evidence, they can enter into a home without a warrant.

A

True

Under the exigent circumstance doctrine, they may enter to prevent the destruction of evidence.

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16
Q

Evidence that is the fruit of an unlawful arrest may not be used against the defendant at trial because of the ___ ____

A

Exclusionary Rule

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17
Q

To be constitutionally valid, searches must be ____

A

Reasonable

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18
Q

By giving ____, a police officer may search your home without a warrant

A

Consent

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19
Q

___ must be given by one who appears to have an apparent ____ to use or occupy the premises and the search cannot go beyond the ____ of the consent given.

A

Consent

Right

Scope

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20
Q

Consent is valid as long as the police ____ believed that the person who gave the consent had the ____ to do so, and the scope of the consent is limited only to areas to which a ____ person under the circumstances would believe it extends.

A

Reasonably

Authority

Reasonable

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21
Q

After a ___ arrest, the police may make a warrantless search of a defendant’s ___ _____ as part of an established procedure incident to incarceration.

A

Valid

Personal Effects
(personal property/things)

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22
Q

A warrantless search by police is valid if they have ____

A

Consent

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23
Q

Can an owner of a home give the police consent to search the locked contents belonging to another person in the home (like their son or daughter?)

A

No.

Ownership of the house does not confer the right to use or gain access to items kept in a lockbbox/trunk/safe. because it shows that the “owner” of the home did not have right of use or access to it.

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24
Q

What are the 6 exception to the warrant requirement?

A

S.P.A.C.E.S

Search Incident to a lawful arrest (need PC)

Plain View

Automobile Exception

Consent

Exigent Circumstances

Special Instances

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25
Q

Outline the analysis of determining whether a search and seizure was constitutionally valid.

A

a. Does the defendant have a Fourth Amendment right?
1) Was there governmental conduct?
2) Did the defendant have a reasonable expectation of privacy?
b. If so, did the police have a valid warrant?
c. If the police did not have a valid warrant, was the search within one of the six
exceptions to the warrant requirement?

26
Q

True/False:

The 4th Am protects against searches/seizures by private persons and governmental agents

A

False

Includes only the publicly paid officials.

27
Q

What are the two ways in which searches and seizures can implicate an individual’s
Fourth Amendment rights:

A

(1) search or seizure by a government agent of a constitutionally protected area in which the individual had a reasonable expectation of
privacy;

or

(2) physical intrusion by the government into a constitutionally protected
area to obtain information (US v. Jones, GPS tracking)

28
Q

A person has a R.E.O.P when:
(1) She owned or had a ___ to ____ of the place searched;
(ii) The place searched was in fact her home, whether or not she owned or
had a right to possession of it; or
(iii) She was an ____ ____of the owner of the place searched [Minnesota
v. Olson, 495 U.S. 91 (1990)].

A

Right,possession

Overnight guest

29
Q

A person does not have a reasonable expectation of privacy in objects
held out to the ____

A

Public

30
Q

Under the ___ ____doctrine, areas outside the ____are subject to police entry and
search because these areas are “held out to the public” and are unprotected by
the Fourth Amendment.

A

Open fields

Curtilage (dwelling house and outbuildings)

31
Q

In determining whether open fields will be considered curtilage, the court will consider:

(P.E.A.P)

  1. the building’s _____
    to the dwelling
  2. whether it is within the same ____
  3. whether the building is used for ____ of the
    home
  4. The steps taken by the resident to ___ the building from the view of passersby)
A

Proximity

Enclosure (such as a fence)

Activities

Protect

(Oliver v. US)

32
Q

True/False:

The Fourth Amendment prohibits the warrantless search and seizure of garbage left for collection outside the curtilage of a home

A

False

The Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. (CA v. Greenwood)

33
Q

True/False:
The police may fly over a field or yard to observe the area with the naked eye

A

True

CA v. Ciraolo

34
Q

GR: A search conducted without a warrant will be ____ (and evidence discovered during the search must be ____ from evidence) unless it is within one of the six categories of permissible warrantless searches

A

Invalid

Excluded

35
Q

To be valid, a warrant must:

1) Be issued by a ___ & ____ ____
2) Be based on ___ ___ established from facts submitted to the
magistrate by a government agent upon oath or affirmation; and
3) Particularly describe the ___ to be searched and the ____ to be seized.

A

Neutral & Detached Magistrate

Probable Cause

Place, Items

36
Q

A search warrant issued on the basis of an affidavit + PC will be invalid if the
defendant establishes:

  1. a ___ __ was included by the police officer
  2. the police officer ___ or ___ included the false statement
  3. the false statement was ___ to the finding of probable cause
A

False Statement

Intentionally or Recklessly

Material

(Need all 3)

37
Q

Under US v. Leon, evidence
obtained by police in __ __ on a facially valid warrant may be used by the prosecution, despite an ultimate finding that the warrant was not supported by__ __

A

Reasonable reliance

Probable Cause

38
Q

Under Maryland v. Garrison, if police ____ believe there is only one apartment on the floor of a building, the warrant is not invalid if they discover, during the course of their search, that there are in fact two apartments on the floor. Indeed, any evidence police seize from the wrong apartment prior to the discovery of the error will be ____

A

Reasonably

Admissible

39
Q

The Fourth Amendment (does/does not) bar searches of premises belonging to
persons not suspected of crime, as long as there is ___ ___ to believe evidence of someone’s guilt (or something else subject to seizure) will be found.

A

Does Not

Probable Cause

40
Q

GR: An officer executing a search warrant must ___ & ___ her authority and purpose and await admittance for a ____ time or be refused admittance before using force to enter the place to be searched.

A

Knock & announce

Reasonable

41
Q

No announcement need be made if the officer has reasonable suspicion, based on facts, that knocking and announcing would be
___ or ____ or that it would _____.

A

Dangerous or futile

inhibit the investigation (lead to the destruction of evidence_

(Richards v. Wisconsin)

42
Q

True/False:
The Supreme Court has held that the exclusionary rule will be applied to cases where officers violate the knock and announce rule.

A

False

43
Q

The scope of the search is limited to what is ___ ___to discover the items described in the warrant.

A

Reasonably necessary

44
Q

True/False:
When executing a warrant, the police generally may seize any contraband
or fruits or instrumentalities of crime that they discover, whether or not
specified in the warrant.

A

True

45
Q

The police may search the person and areas into which he might reach to obtain weapons or destroy evidence, also known as his ____.

A

Wingspan
(Chimel v. California)

46
Q

The police may also make a ___ ___ of the area beyond the defendant’s wingspan if they believe accomplices may be present.

A

Protective sweep

47
Q

After arresting the occupant of an automobile, the police may search the interior of the auto incident to the arrest if at the time of the search:
(1) The arrestee is ____ and ___ ____ ___ ____ to the
interior of the vehicle;

or

(2) The police reasonably believe that ____ of the offense for which the person was arrested may be found in the vehicle.

A

Unsecured, Still May Gain Access

Evidence

(AZ v. Gant)

48
Q

In assessing whether a technological search (cepll phones, BAC) is valid, the court will balance the degree to which the search
incident to arrest ____ upon a person’s privacy against the degree to which the search is needed to promote ___ ___ ___.

A

Intrudes

Legitimate governmental interests.

49
Q

The Supreme Court has declared that people have a lesser expectation of privacy in their ____ than in their ___.

A

Vehicles

Homes

50
Q

True/False:
If a vehicle is
parked within the curtilage (e.g., the driveway) of one’s home, the police may
search the vehicle without a warrant under the Automobile Exception

A

False

51
Q

If the police have ___ ___to believe that a vehicle such as an automobile contains contraband or fruits, instrumentalities, or evidence of a crime, they
(may/may not) search the vehicle without a warrant.

A

Probable Cause

May

52
Q

If the police have probable cause to search a vehicle, they can search
the ___ ____ and all containers within the vehicle
that might contain the object for which they are searching.

A

Entire Vehicle (trunk too)

US v. Ross

53
Q

True/False:

The search of a vehicle is limited to only the driver and the driver’s belongings

A

False because like a driver, a passenger has a reduced expectation of privacy in a vehicle.

Wyoming v. Houghton

54
Q

In CA v. Acevedo, the Court held that if the police only have PC to search a container that was recently placed in a vehicle, they can search the container, but not ____

A

Other parts of the car

55
Q

True/False:

Motor homes will never fall under the automobile exception

A

False.

The automobile exception applies to motor homes if they are not at a fixed site.

CA v. Carney

56
Q

Under the Plain View doctrine, police may make a warantless seizure when they:

  1. Are ___ on the premises
  2. Discover ____, ___, or ____ ___ ___ or ____
  3. See such evidence in ___ ___ and
  4. Have __ __ to believe that the item is Evidence, fruits or instrumentalities of crime, or contraband
A
  1. Legitmately
  2. Evidence, fruits or instrumentalities of crime, or contraband
  3. Plain view
  4. Probable Cause

AZ v. Hicks

57
Q

Police officers in ___ ___ of a fleeing felon may make a ___ search and seizure

A

Hot pursuit

Warrantless

58
Q

True/False:

Police may not follow a fleeing felon into private dwellings (their home), even if they have PC

A

False

59
Q

If a person is suspected of a ___ and not a ____, then an officer must consider whether there is an____ that justifies warantless entry.

A

Misdeameanor

Felon

Emergency (such as preventing imminent harm, destruction of
evidence, or escape from the home)

60
Q

The police (may/may not) search an arrestee’s personal belongings in order to inventory them before incarceration.

A

May

(IL. v. Lafeyette)

CrimPro (9 decks)

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