search and seizure Flashcards
Katz v. United States
Court found that a public phone booth is protected by the 4 amendment. If a person acts in such a way that expects privacy, reasonable expectation of privacy is implied.
Terry v. Ohio
Police can search and seize with probable cause. Stop and frisk is okay with reasonable suspicion of; unusual behavior, criminal activity, poses threat, suspicion of weapon.
Mapp v. Ohio
established the exclusionary rule applies to states
California v. Greenwood
Trash is accessible and viewable to public so no warrant is needed.
Arizona v. Gant
Police had warrant for driving without license but searched car without a warrant and found drugs. Court says not okay unless concerns safety of officers or evidence of crime charged with can be found.
Carrol v. United States
A vehicle can be searched without a warrant if there was probable cause to believe that the vehicle could be removed from the area before a warrant could be obtained.
Chimel v. California
An officer may search the person and the area around the within immediate control.
Wyoming v. Houghten
passengers belongings can be searched to prevent hiding of evidence due to proximity of person who committed crime.
Vale v. Louisiana
If someone is arrested outside their house a warrant is needed to search the house.
Payton v. New York
The 4th amendment draws a line at the threshold of a house.
New Jersey v. TLO
Reasonable expectation of privacy is reduced at schools; but search must be justified when started and must be reasonable in scope.
No Warrant
consent, plain view, emergency situations, airport and border searches, threat to officer, search due to lawful arrest, hot pursuit, vehicular search(probable cause), good faith
Safford v. Redding
student strip search not permitted
threat must be more severe
need concrete evidence of a threatening concern
Vernonia v. Acton
student drug testing with suspicionless searches is warranted to keep students safe if balance
nature of privacy interest
character of intrusion on student privacy
how effective the search is
Kyllo v. U.S.
Technology not accessible to public like thermal imaging needs a warrant. Permitted surveillance that would not have been possible without a physical intrusion intro property.
