Search and Seizure

Question 1

Driver under arrest, how can they search car?

Answer 1

1) search passenger compartment incident to arrest if search contemparaneous w/ arrest, arrestee has access or cops reasonably believe vehicle has evidence of the crime.
2) If cops have P.C. (reasonable grounds to believe item of seizure is in car)
3) if car is under their control and do inventory search (look at cops impounding car, if no impound, can’t search)

Question 2

Misdemeanor arrests:

Answer 2

Can only do a warrantless arrest if misdemeanor was done in officer’s presence

Question 3

When can illegally found evidence be used?

Answer 3

Parole hearings, civil proceedings, TO IMPEACH THE DEFENDANT who takes the stand (except for knock and announce violations)

Question 4

How to break fruit of poisonous tree doctrine?

Answer 4

1) independent source of evidence 2) Inevitable discovery 3) Intervening acts of free will on D’s part “THE THREE I’S”

Question 5

Exclusionary rule used in appeals after conviction

Answer 5

Using inadmissible evidence does NOT result in overturning conviction, instead court applies ‘harmless error’ rule

Question 6

4th amendment what is it?

Answer 6

unreasonable search and seizure

Question 7

What’s a short investigatory stop called? What is required?

Vehicle stop what’s required?

Answer 7

Terry stop: required to have reasonable suspicion supported by articulable facts of criminal activity. Vehicle stops: reasonable suspicion law has been violated

Question 8

Search and seizure analysis:

Answer 8

1) Government conduct? (private paid police is NOT gov conduct unless deputized/can arrest) 2) reasonable expectation of privacy (overnight guests included) 3) valid search warrant? (PC and particularity) 4) no valid warrant is there valid defense? 5) exception to warrant requirement?

Question 9

search warrant requirements for it to be valid:

When is no-knock okay?

Answer 9

must have probable cause (fair probability that contraband/evidence will be found in the area)
Particularity (things to be searched and things to be seized)
no knock=when it would be dangerous/futile/inhibit investigation

Question 10

Warrant defective, what’s a defense to it?

Answer 10

officer has good faith reliance on deficient warrant (unless biased magistrate, or so deficient no reasonable cop would rely on it)

Question 11

When can you search car incident to arrest?

Answer 11

If suspect is not detained and could get access to car OR reasonable believe evidence of the offense is in the car

Question 12

Automobile exception:

Answer 12

If there is probable cause to search, they can search the entire car even containers that can contain the thing they’re looking for

Question 13

Terry Frisk what is it, what can you look for?

Answer 13

Can STOP if there is articulable/reasonable suspicion of criminal activity, can FRISK FOR WEAPON (not drug) if they think he’s armed. Then they can reach into pockets if they feel weapon OR contraband.

Question 14

When can cop pull people out of car, pat them down and search the car?

Answer 14

when cop pulls them over and has reasonable belief that occupant is dangerous, can search the area where a weapon can be contained

Question 15

School search:

Answer 15

Okay if there is reasonable grounds if: 1) moderate chance of finding evidence of wrongdoing 2) measures adopted to carry out search are reasonably related to the search and 3) search isn’t excessively intrusive
Extracurricular activity students can be randomly drug tested

Question 16

Hot pursuit time limit

Answer 16

15 minutes

Question 17

Speaking and privacy:

Answer 17

If you speak in public to someone you assume they are wired, only exception is if you are trying to keep conversation private and no wiretapping.