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Crim Pro I Case Review > Spring 2022 > Flashcards

Spring 2022 Flashcards

1
Q

“Search analysis”

A

PHYS, REP

  1. Was there physical trespass? (PHYS)
  2. Did gov’t violate D’s Reas Expectation of Privacy? (REP)
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2
Q

Katz

A

What sb knowingly exposes to another is not protected by 4AM (bc no REP)

Electronic eavesdropping = search

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3
Q

White

A

Wire on agent = not a search

No violation for D’s conversation with agent (no REP in convo)

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4
Q

Hoffa

A

False Friend = not a search

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5
Q

Place

A

Dog sniff usu not a search (def not at airport)

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6
Q

Cabales

A

Dog sniff of car = not a search

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7
Q

Oliver

A

Open Field entry by LEO not a search, incl woods

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8
Q

Dunn

A

Curtilage usu protected area, but not automatically

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9
Q

Ciraolo

A

LEOs OK to peer over 10’ fence

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10
Q

Greenwood

A

Trash left outside curtilage for removal = not a search

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11
Q

Riley (2)

A

Naked eye surveillance from public airspace = not a search

LEOs cannot SITA a cell phone for digital data

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12
Q

Kyllo

A

Using FLEER on house for weed lamps = search

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13
Q

Jones

A

Attaching GPS to car to monitor movements = search

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14
Q

Carpenter

A

CSLI records acquisition by govt = search

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15
Q

Jardines

A

Dog sniff at porch = search (= curtilage)

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16
Q

“Seizure of property”

A

Meaningful Interference with an individual’s possessory interests in that property.

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17
Q

“Seizure of person”

A

By means of Physical Force or Show of Authority, terminates/restrains the Freedom of Movement, Intentionally

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18
Q

Seizure of person requires?

A

Reasonable suspicion

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19
Q

“Seizable items”

A

contraband, fruits, tools, evid of crime

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20
Q

Karo

A

Installing beeper on chemical container = no seizure

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21
Q

Arrests require?

A

Probable Cause (arrests of any kind, warrant or no)

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22
Q

Warrant issuance requires?

A

Probable Cause

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23
Q

“Probable Cause”

A

Facts & Circs known to LEO justify Reasonable LEO in believing a Crime is being/has been committed (or lead to Seizable Items in place to be searched)

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24
Q

Gates & White

A

Anonymous tips with Corroborative, Predictive info can be PC (via Totality of the circumstances)

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25
Q

FL v. JL

A

Tips need not contain criminal info

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26
Q

Payton

A

In-home arrests require only arrest warrant

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27
Q

Steagald

A

Arrest in a Third Party’s Home requires a Search Warrant AND an arrest warrant

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28
Q

Olson

A

Felony hot pursuit: LEOs can enter any home after fleeing perp

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29
Q

Lo-Ji (“Warrant requirements”)

A

Issued by Neutral & Detached Magistrate, and must state with Particularity both the PLACE and the ITEMS to be seized

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30
Q

Wilson

A

Absent exigent circs, LEO must Knock And Announce even with warrant (Reasonableness)

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31
Q

Richards

A

No-knock was OK where LEOs thought perp would Destroy Evidence if they did

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32
Q

Ybarra, Summers

A

Cannot search bystanders unless Independent PC, but can Detain during search

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33
Q

McArthur

A

LEOs can Seize the Premises while partner gets warrant

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34
Q

Hayden

A

OK to search Washing Machine for weapon, exigent circs

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35
Q

Stuart

A

Community Caretaking exception = LEOs OK to enter to stop a fight

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36
Q

King

A

LEOs can’t Create Exigency themselves

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37
Q

Chimel

A

SITA: LEOs can search Arrestee and Wingspan for Weapons and Evidence

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38
Q

Robinson

A

Chimel holds regardless of Underlying Crime (Chimel = SITA: LEOs can search Arrestee and Wingspan for Weapons and Evidence)

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39
Q

Gustafson

A

Where law gives LEOs discretion re arrest or cite, SITA OK

40
Q

Knowles

A

Search incident to citation is not a thing

41
Q

Belton

A

SITA of Recent Auto Occupant: OK to search Pax Compartment and Containers therein (not trunk)

42
Q

Gant

A

SITA of Recent Auto Occupant: REACH or REAS TO BELIEVE

LEOs can search car incident to occupant’s arrest only when he’s UNSECURED & within REACHING DISTANCE of pax compartment or when there’s REASON TO BELIEVE evid of the CRIME OF ARREST might be found therein

43
Q

Whren

A

Subjective Intent of LEOs irrelevant (pretextual stop is fine)

44
Q

Carroll

A

Auto Exception: LEOs OK to rip up upholstery

45
Q

“Automobile Exception”

A

When PC extends to an Automobile, LEOs can search the whole car for evidence they have PC to believe is within it

46
Q

Chambers

A

Auto Exception: LEOs can search Entire Car when LEOs reas believe Contraband or Evidence is in vehicle (aka have PC)

47
Q

Carney

A

Auto Exception extends to Motor Homes that are readily mobile, lower privacy expectation

48
Q

Chadwick

A

Can’t warrantless search inside a chest that LEOs had seized and relocated elsewhere under exclusive control

49
Q

Acevedo

A

Limited Location-Specific search of weed bag only supported by PC, was OK

50
Q

Horton

A

PLAIN VIEW SEIZURE requires:

1) Lawful original intrusion, must CONFINE SCOPE of intrusion, and
2) Item’s SEIZABLE NATURE must be IMMEDIATELY APPARENT (must have PC)

51
Q

Hicks

A

PLAIN VIEW SEIZURE:

Moving stereos to look at serial numbers was a new intrusion = a new search (not immediately apparent)

52
Q

Bustamonte

A

Consent to search validly, VOLUNTARILY given via totality of circs (ask: any coercion?)

53
Q

Randolph

A

1 yes, 1 no by co-occupants means LEOs CAN’T enter (while naysayer present)

54
Q

Rodriguez

A

LEOs need only be REAS (for all they knew, girl had legal authority over apt: she had key)

55
Q

Terry stops require?

A

REASONABLE ARTICULABLE SUSPICION that:
CRIME is afoot and that
suspect is ARMED AND DANGEROUS

56
Q

Terry is limited to?

A

Weapons

57
Q

Dunaway

A

A de facto arrest is not what Terry’s RAS std is about

58
Q

Mendenhall

A

Fake ID airport pax stopped by DEA, consents a bunch, relocates her = no seizure

59
Q

Hodari D

A

Seizure of person can be:
PHYSICAL or by
SUBMISSION TO A SHOW OF AUTHORITY

60
Q

Wardlow

A

Flight alone not reasonable suspicion but flight from LEOs in high-crime area is!

61
Q

Buie

A

Stop & frisk of a house, basically

As SITA, can SWEEP HOUSE if reas believe from articulable facts that confederates could be found

62
Q

Camera

A

Warrantless searches by admin agency OK if emergency, must be non-arbitrary

63
Q

TLO

A

Search must be TAILORED to nature of infraction, age/sex of student

64
Q

Fixed checkpoints require?

A

No individualized suspicion of wrongdoing, normally upheld with suff protocols in place

65
Q

Roving checkpoints require?

A

Must demonstrate reasonable suspicion of criminal activity

66
Q

Sitz

A

STATED PURPOSE of sobriety checkpoints = OK (1.5% of drivers arrested for DUI suff effective)

67
Q

Edmond

A

Drug interdiction ckpoints = not OK (ckpoints need stated purpose, individual interests, protocol, and the criminal activity must relate directly to automobiles)

68
Q

Rakas

A

For 4AM STANDING, must have been victim yourself of search or seizure

69
Q

You always have standing to contest ___________.

A

seizure of your person

70
Q

Wong Sun

A

Gov’t cannot use direct evid via xnl violation

FOPT is also out, if no INDEPENDENT SOURCE or INEVITABLE DISCOVERY

71
Q

What can sever the causal link between violation and incriminating info gathered?

A

Attenuation (Wong Sun)

72
Q

Leon

A

Good Faith Exception shields LEOs who, e.g. turn out to have a faulty warrant (nth to deter)

73
Q

Davis

A

LEOs can reas rely on binding precedent, a Later Overturn doesn’t trigger exclusionary rule

74
Q

Spano

A

Coercive = Involuntary = DP problem (must overbear D’s will; here, bringing in childhood friend of suspect)

75
Q

Fulminante

A

Prison rape threat by LEOs = coercive

76
Q

Miranda

A

CUSTODIAL + INTERROGATION

77
Q

Quarles

A

Miranda: Public Safety exception (there just ain’t time: “where’s the gun?!”)

78
Q

Elstad

A

Sequential Confessions: Unwarned, then warned (latter was K-I-V MADE = ADMISSIBLE)

79
Q

Dickerson

A

Confessions turn on VOLUNTARINESS only

80
Q

Seibert

A

Sequential Confessions: Statement, warning, REPEATED STATEMENT (= inadmissible)

81
Q

Berkemer

A

Miranda: Routine traffic stops ARE seizures but they ARE NOT CUSTODY (some of them morph into 5AM custody (“yer gonna be here a while”, # ofcrs, lang and tone, move of location, no bright line)

82
Q

Mathiason

A

Mere presence in station house NOT custody

83
Q

“Custody”

A

Reasonable person would not believe he’s FREE TO LEAVE

84
Q

Shatzer

A

Don’t realize it’s a LEO? Not custody

85
Q

“Interrogation”

A

EXPRESS QUESTIONING or its FUNCTIONAL EQUIVALENT (= words or actions REAS LIKELY to ELICIT INCRIMINATING RESPONSE) (Innis)

86
Q

Invocation of RTS or RTC must be ______________

A

UNAMBIGUOUS.

87
Q

Berghuis

A

Mere silence DOES NOT INVOKE RTS.

88
Q

Moseley

A

Once invoked, LEOs must SCRUPULOUSLY HONOR RTS (take break, rewarn, retry)

89
Q

Edwards

A

RTC invocation THROWS UP A WALL until:

a) ATTY IS PRESENT, or
b) D REINITIATES

90
Q

Massiah

A
  1. DELIBERATE ELICITATION +
  2. AFTER INITIATION OF ADVERSARIAL PROCEEDINGS

(LEOs cannot try to elicit incriminating info secretly from the suspect w regard to CHARGED OFFENSES)

91
Q

Patterson

A

Miranda warning is ADEQUATE for RTC and RTS

92
Q

McNeil

A

6AM RTC is OFFENSE-SPECIFIC (can’t be invoked for all future prosecutions)

93
Q

Butler

A

Waiver of RTS or RTC must be:
KNOWING
INTELLIGENT
VOLUNTARY

(and must know he’s dealing with LEO)

94
Q

Wade

A

Post-indictment lineup? = Entitled to counsel

95
Q

Perry

A

6AM RTC does not apply to photo arrays

Only if suggestive ID procedure is ARRANGED BY LEOs is it out

Crim Pro I Case Review (1 decks)

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