Unreasonable searches/seizures cases - General Flashcards
2 cases for the warrent particular description requirement/reasonableness in execution
- maryland v. garrison
- richards v. wisconsin
(seizure/arrest) warrents - when do you need them
felonies in public case
US v. Watson
(seizure/arrest) warrents - when do you need them
Felonies in home
Peyton v. NY
The result of Gates - Pringle - Wesby:
Probable Cause
Probable cause is not a high bar. It requires only a probability or substantial chance of criminal activity, not an actual showing of such activity
Arrests in Public v. Home
Warrentless Arrest in Public - Watson and Atwater
Police can make a public arrest based only on probable cause – no warrant or exigent circumstance required
Arrest in Public v. Home
Warrentless Arrest in the Home - Peyton
- Court says police cannot arrest individuals in the home based on probable cause alone
- Arrest in the home requires either a warrant or an exigent circumstance (plus PC)
- Probable cause alone is not enough
Search Incident to Arrest: Arrest in Public - Robinson
- “It is the fact of the lawful arrest
which establishes the authority to
search, and we hold that in the
case of a lawful custodial arrest a
full search of the person is . . . A
reasonable search under the
Amendment” - Can search “within the area of control” of arrestee
Search Incident to Arrest: Arrest in the Home - Chimel
When arrest in home is lawful –
supported by warrant or exigent
circumstance, police may
search:
1. The arrestee’s person; and
2. Anywhere in him immediate control - the area from which he could obtain a weapon or evidence to destroy
Search Incident to Arrest
Arrest in Public/Search of
Person – Robinson
“It is the fact of the lawful
arrest which establishes the
authority to search, and we
hold that in the case of a
lawful custodial arrest a full
search of the person is . . . A
reasonable search under
the Amendment”
Arrest in Public/search of
vehicle- Gant
When lawful arrest made
involving vehicle, police
may search:
1. The arrestee’s person; and
2. Anywhere within reaching distance of the passenger compartment at the time of the search, and/or
3. Anywhere it is reasonable to believe the vehicle contains evidence of the offense of arrest
4 Search Incident to Arrest Cases
- Search of the Body – U.S. v. Robinson
- Search of the Home – Chimel v. California
- Search of the Vehicle – Arizona v. Gant
- Search of the Phone – California v. Riley
2 Content Based Searches Cases
- Consent Generally – Schneckloth v. Bustamonte
- Third Party Consent – Georgia v. Randolph
Under Chimel, you only can search within the
immediate control of wing span
Warrentless Searches and Seizures
Extingent Circumstances
Kentucky v. King
Warrentless Searches and Seizures
Hot Pursuit
Lange v. California
Warrentless Searches and Seizures
Plain View Doctrine
- Arizona v. Hicks
- California v. Horton
Warrentless Searches and Seizures
- Traditional Standards of Reasonableness:
Protective Sweeps
Maryland v. Buis
Warrantless Searches and Seizures
- Traditional Standards of Reasonableness:
DNA
Maryland v. King
Warrantless Searches and Seizures
- Traditional Standards of Reasonableness:
Blood
Mitchell v. Wisconsin
Warrentless Searches and Seizures
The automobile Exception
- Carroll v. US
- California v. Acevedo
Warrentless Searches and Seizures
What’s an Automobile
California v. Carney
Warrentless Searches and Seizures
Passenger’ Possessions
Wyoming v. Houghton
Warrentless Searches and Seizures
Inventory Searches
Colorado v. Bertine
California v. Acevedo
issue, holding (3)
Issue:
Whether the automobile exception
allowed the police to open the sack
without a warrant or did the fact that PC
attached to the sack, not the car, require
a warrant
Holding:
If PC attaches to vehicle, can search
anywhere evidence may be, to include
containers.
If PC attaches to container, can search
the container without a warrant.
But, if PC attaches to container, cannot
search the rest of the vehicle without a
warrant
