Search and Seizure (Doctrines & Exceptions)

Question 1

Plain view Doctrine: AZ v. Hicks (1987)

Answer 1

boujee stereo equipment. // Officers need justification for being on a scene and cannot expose anything CONCEALED

Question 2

Open Fields Doctrine: Cali v. Ciraolo (1986)

Answer 2

anonymous tip abt weed, flew plane over yard. // Anything out in the open does not need probable cause (even w/ fence).

Question 3

Hot Pursuit Exception

Answer 3

police can follow someone into a place typically protected by 4th amendment, if they’re actively pursuing someone

Question 4

Abandoned Property Clase

Answer 4

any property considered abandoned (ex: garbage) that is readily accessible can be searched

Question 5

Inevitable Discovery Doctrine: Nix v. Williams (1984)

Answer 5

spoke evidence of where 10 yr old girls’ body is without attorney. // Illegally obtained evidence does not have to be excluded from trial if it’s inevitable that it would be found anyway.

Question 6

Good Faith Exception: US. v Leon (1984)

Answer 6

for warrants issued erroneously; even if it is later discovered there was no probable cause, can still use evidence in trial

Question 7

Carroll Doctrine: Carroll v. US (1925)

Answer 7

don’t need warrant to search vehicle if there is Probable Cause

Question 8

What is a Bright Line Rule?

Answer 8

clearly defined standards. // example: Miranda Rights

Question 9

NY v. Belton (1981)

Answer 9

car can always be searched if occupant is under arrest

Question 10

Fleeing Felon Doctrine: Tennessee v Garner (1985)

Answer 10

officer cannot use deadly force on a fleeing suspect. can ONLY use deadly force if officer has Probable Cause to believe the suspect is DANGEROUS