Section 4.2 (2) Flashcards
For a vehicle search all you need is what?
Probable cause
Car is smuggling drugs. You have no evidence. No probable cause or reasonable suspicion but you have a hunch that they are smuggling drugs. What does the officer do?
Pretext stop
Carroll v US 1925
has to do with what?
Vehicle searches
Someone rolling through a stop sign or running a light would be examples of ways to use what?
Pretext stop
A pretext stop is perfectly okay as long as officers are not lying about it. True or False
True
What court case allows officers to search passengers if they have probable cause to search the driver?
Wyoming v Houghton 1999
An inventory of an automobile after it was impounded. The police do this to look for things that might be unsafe and to know the condition of the car. If you find contraband that is plain view because you were legally conducting an inventory search. What case?
Chambers V Maroney 1970
Checkpoints for DUI are okay based on what case?
Michigan vs Sitz 1990
The Supreme Court ruled that checkpoints designed to protect the road from drunk drivers are not a violation of your 4th amendment rights and police are allowed to do a __________ search.
Systematic
Officers must conduct checkpoint searches systematically. True or False
True
The Supreme Court ruled that you cannot force people to pull over so you can check them for a gun in the car or etc. The only way you can use these checkpoints are for DUI. What case?
Indianapolis V Edmond 2000
At the border do you have any fourth amendment rights?
No
If you are coming into the country the customs and border protection can search your bags and they do not need reasonable suspicion or probable cause or anything to reach your bags. True or False
True
Border searches also apply to ports and airports. True or False
True
Do you have a reasonable expectation of privacy in any of these locations
open fields
abandoned property
public places
No
If you abandoned your backpack in the middle of campus and you are not there do the police need a warrant to search the bag?
No because there is no reasonable expectation of privacy in anything you have left in public
Do the police have a warrant requirement if they search your open land?
No
Can police fly helicopters and drones over your property?
Yes
There are no fourth amendment protections for open fields until it reaches the ________ of your home.
curtilage
The _______ of your home is where your reasonable expectation of privacy starts.
Curtilage
If you have a bag leaned up against your porch does this count as open fields?
no it is int he curtilage
Trash cans at the curb do they need a warrant?
no you do not have a reasonable expectation of privacy and you do not need a warrant
Open Fields court case
Hester vs United States 1924
Abandoned containers court case
California v Greenwood 1988