Search And Seizure Flashcards
1
Q
Weeks vs US
A
- indicted in federal court for 9 counts including use of mail for transporting illegal lottery tickets
- he was arrested and cops entered house without search warrant and removed papers
- court ordered return of papers but used incriminating papers for trial
- EVIDENCE GATHERED ILLEGALLY WITHOUT WARRANT CAN NOT BE USED IN CRIMINAL FEDERAL TRIAL
2
Q
Mapp vs OHIO
A
- Cleveland POs requested admission to a home to seek fugitive who was reported hiding there
- received info a large amount of policy paraphernalia hidden in house as well
- forced way into house without warrant and found obscene materials used to convict Mapp
- EVIDENCE OBTAINED IN CIOLATION OF SEARCH AND SEIZURE PROVISIONS OF 4TH AMENDMENT IS NOT ADMISSIBLE IN STATE COURT
3
Q
Terry vs Ohio
A
- PO observed Terry and 2 men repeatedly walk in front of store as though attempting to case it
- patted down terry found gun in overcoat and another in other males coat pocket
- STOP AND FRISK REASONABLE UNDER PROVISIONS OF 4th AMENDMENT
- reasonable suspicion crime was about to be committed and for his and others safety
4
Q
CHIMEL VS. CALFORNIA
A
- Police had warrant for arrest for burglary but no search warrant for house
- WARRANTLESS SEARCH OF AN ENTIRE HOUSE IS NOT JUSTIFIED UNDER 4TH AMENDMENT AS INCIDENCE TO LAWFUL ARREST
- may search only what’s on person to remove weapons or seize evidence in order to prevent destruction or concealment
5
Q
Zurcher vs. Stanford daily
A
- riot where only 2 were identified
- Stanford Daily newspaper carried photos of the riot.
- search warrant obtained
- WARRANT MAY BE ISSUED TO SEARCH ANY PROPERTY, whether or not occupied by a third party, at which there’s probably cause to believe that evidence of crime will be found
6
Q
Marshall vs. Barlow Inc
A
- OSHA entered Barlow inc (electrical &a plumbing installation business)
- no complaints made
- simply turned up in selection process
- Barlow refused on basis of 4th amendment
- AUTHORIZATION OF WARRANTLESS INSPECTION UNDER OSHA IS NOT CONSTITUTIONAL
- warrant clause of 4th amendment protects commercial buildings as well as private homes
7
Q
United States vs. Ross
A
- info supplied by reliable informant
- police described automobile and individual
- opened car trunk and found heroin
- drove car to station and found heroin and 3000 cash during WARRANTLESS SEARCH
- POLICE WHO HAVE LEGITIMATELY STOPPED AN AUTOMOBILE WITH PC TO BELIEVE THAT CONTRABAND IS CONCEALED WITHIN IN ARE ALLOWED TO CONDUCT A PROBING SEARCH OF COMPARTMENTS NOT IN PLAINVIEW.
8
Q
US vs. Leon
A
- facially valid search warrant to conduct search and gained evidence for indictment
- evidence suppressed on basis that affidavit had been inadequate to sustain PC
- GOOD FAITH EXCEPTION TO EXCLUSIONARY RULE
- exclusionary rule is designed to deter police misconduct rather than punish the error of the magistrate
9
Q
State vs Gonzales 2016
A
Plain view is exception to warrant requirement
- ongoing invest where cops knew retrieving package and would contain large amount of drugs
- officer saw bags spilled on rear floorboard and immediately identified as bricks
- upheld search holding that presence of drugs was clearly known in advance and MV stop as planned was pretext to enable police to seize narcotics
- LAWFULLY IN VIEWING AREA AND PC TO ASSOCIATE ITEM IN PLAIN VIEW WITH A VIOLATION OF LAW
- objectively reasonable
10
Q
State vs Cushing 2016
A
- apparent authority
- house owner didn’t have actual authority to consent to search defendants room and couldn’t confer thru any power of attorney an authority that she didn’t possess herself
- not objectively reasonable for responding PO to rely on apparent authority by daughter as basis for valid third party consent to initial search of defendants bedroom
- people can consent if possess actual authority based on their common use of the space searched
11
Q
State vs bilvins (all persons present)
A
- obtained warrant for reserve believed involved in drug trafficking
- stopped 2 individuals 5 houses down in vehicle but no direct evidence they came out of that residence
- removed from vehicle and seized 35 bags of COKE
- NEED GOOD REASON TO BELIEVE ANYONE PRESENT AT SCENE WILL BE PARTICIPANT
- failed to link presence / no evidence
12
Q
STATE VS COPE (Protective sweep)
A
- warrant
- commotion
- back porch
- rifle bag on porch and given prior convictions it was reasonable to search for safety
13
Q
PROTECTIVE SWEEP
A
- quick and limited search of premises incident to arrest for protection
- may look in closets and other spaces adjoining place of arrest where attacks could be immediately launched
14
Q
State vs Barbour
A
- victim bloody complained neighbor struck him with bat
- Neighbor already returned to house
- Vic stated he was violent and possibly had weapon
- 20 mins later backed out of house where handcuffed
- no info that anyone else was danger
- they searched house and it was thrown out
15
Q
State vs. Bard
A
- trail in park at 1;30 AM dimly lit
- asked male question and he ignored and reached to back pocket
- hard bulge in pocket turned out to be marijuana
- LIKELY REACHING FOR WEAPON
