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30 Cards in this Set
- Front
- Back
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_ v _ presents the issue of whether 4th prohibits temporary detention of personal luggage for narcotics detection dog on basis of reasonable suspicion that luggage contains narcotics.
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U.S. vs Mendenhall
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_ v _ held that although affadavit supporting search warrant may be based on hearsay info & needn't reflect direct personal observations of affiant, magistrate must be informed of some underlying circumstances relied on by person providing info & some underlying circimstances from which affiant concluded informant, whose ID wasn't disclosed, was creditable or his info reliable.
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Aguilar v Tx
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_ v _ held that the application of the Tx statute to detain an apellant & require him to ID himself violated the 4th amendment because the officers lacked any R/S to believe that apellant was engaged or had engaged in criminal conduct.
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Brown v Tx
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_ v _ held that the 4th amendment prohibition on unreasonable searches & seizures is not violated when an officer stops a suspect on the St & searches him w/o P/C, if the officer has R/S that the person has committed, is committing, or is about to commit a crime.
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Terry v Ohio
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_ v _ held that police officers could search only within the immediate area of a suspect who was being arrested.
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Chimel v CA
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_ v _ upheld the warrantless search of a car, noting that P/C existed & the mobility of the auto made it impracticable to get a search warrant.
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Carroll v US
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_ v _ was a decision by US Supreme Court that extended Terry v Ohio to allow searches of car compartments during a stop with R/S.
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Michigan v Long
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_ v _ was a US Supreme Court case concerning warrantless entry into a private home to make a felony arrest.
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Payton v New York
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_ v _ is a US Supreme Court decision excluding the presentation of verbal evidence & recovered narcotics where they were both fruits of an illegal entry.
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Wong Sun v US
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_ v _ is a landmark 5-4 decision of Suprem Court that inculpatory & exculpatory statements made in response to interrogation by defendant in custody were inadmissible at trial unless defendant was informed of right ot consult with an attorney before & during questioning & of right against self-incrimination, & that defendant understood these rights but voluntarily waived them.
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Miranda v Arizona
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_ v _ was a Supreme Court decision that extended the 4th amendment protections to people in a telephone booth from wiretaps by authorities without a warrant.
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Katz v US
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_ v _ Supreme Court upheld that 4th amendment was not violated when officers stop & searche individuals with R/S only, not P/C for their own protection. Quick surface search of outer clothing for weapons is allowed if there is R/S they may be armed. Must be based on ___ & ___ ___. Referred to as a __ & ___. Standard was later extended to temporary detentions of persons in vehicles(traffic stops).
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Terry v Ohio
Specific & articulable facts (no hunches) Stop & frisk |
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_ v _held that police arrested without P/C so clearing house slips found at station were part of unconstitutional search. Lack of facts about defendant appearance-only one officer knew what he looked like & rec'd info from informant, but no evidence as to reliability of informant & no indication of time/place he would appear.
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Beck v Ohio
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_ v _ decided the 2 pronged approach est. under Aguilar & Spielli is abandoned in favor of "__" approach. The task of an issuing magistrate is to make a practical decision whether, given all the circumstances, there is a fair probability that the evidence of a crime will be found in a particular place.
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Illinois v Gates
totality of the circumstances |
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_ v _ US Supreme Court case established firm line in cases w/search & seizure without warrant. Ruled that while it is legal to target & approach a person based on behavior, cannot detain or search without warrant.
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Florida v Royer
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_ v _ landmark case in criminal procedure, US Supreme Court decided evidence obtained in violation of 4th amendment may not be used in criminal prosecutions in state or federal courts.
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Mapp v Ohio
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_ v _ stands for the proposition that state courts are free to interpret the state constitutional protection against unreasonable searches & seizures as granting greater protections for the residents of Tx than those granted by the federal constitution.
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Heitman v State
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_ v _ states that entry may only be forced to execute an arrest warrant when the warrant is being executed at the residence where the person named in the arrest warrant lives.
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Steagald v US
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The plain touch/feel doctrine set forth in _ v _ ,wherein Supreme Court decided that contraband found during a frisk in which it was ___ ___ to the frisking officer that it was contraband may be admissable at trial.
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Minnesota v Dickerson
immediately apparent |
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_ v _ was a case in with US Supreme Court held that officers could search only in the ___ ___ of a suspect who was being arrested.
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Chimel v CA
immediate area |
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An inventory is an ____, ____ procedure designed to prevent ________ being made against a police dept & to safeguard the police and other from potential danger. _ v _
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administrative, caretaking
false claims fo lost or damaged property South Dakota v Opperman |
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_ v _ states "arrest warrant founded on P/C implicitly carries with it limited authority to enter a dwelling in which the suspect lives when ______. If the suspect is a guest of a 3rd party a search warrant for the 3rd party dwelling must be issued unless what occurs? (2 answers)
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Payton v New York
there is reason to believe the suspect is within Exigency Homeowner consents |
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_ v _ states that officers may enter a home without warrant when they have an objectively reasonable basis for believing an occupant is __ __ or _______.
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Utah v Stuart et al
seriously injured immediately threatened w/such injury |
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_ v _ court addressed whether officers entering a residence violate 4th amendment when one occupant consents to a search but a co-occupant does not.
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Georgia v Randolph
Both parties must consent when asked |
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In _ v _ , Supreme Court held that if the police are at a residence but do not have a warrant to search the home, & if the two occupants are present at the same time and 1 consents to a search but the other objects, the police may or may not search the home in the face of that objection?
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Georgia v Randolph
May not |
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_ v _ court said "we can & should define 'offense' in terms of the conduct that constitutes the crime that the offender committed on a particular occasion, including criminal acts that are '__ __ __ 'or '__ __ with' the particular crime set forth in the charging instrument.
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Texas v Cobb
closely related to inexplicably intertwined with |
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_ v _ held that police officer's arrest of a subject, after the suspect refused to ID himself during a Terry stop in violation of NV law, did not violate the 4th amendment.
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Hiibel v 6th Judicial District Ct of NV
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In _ v _ an officer w/39yrs experience patrolled downtown metro area for shoplifters/pickpockets for 30yrs. Saw a man pass window of jewelry store several times and walk over to other men. Appeared they were planning a robbery, so stopped & asked questions. During encounter he frisked the man & found a weapon.
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Terry v Ohio
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In _ v _ court struck down Tx stop & identify law as violating the 4th amendment because it allowed officers to stop individuals without _______ establishing _____ to believe the suspect was involved in a crime.
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Brown v Tx
specific objective facts reasonable suspicion |
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_ v _ in 2009 US Supreme court significatnly changed the rules relating to vehicle searches incident to arrest of occupants. Officer who makes arrest for ____ can only search the vehicle incident to arrest if 1 of what 2 conditions exis?
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AZ v Gant
traffic offense 1. At time of search arrestee is unsecured & within arms reach of passenger compartment OR 2. It is reasonable to believe evidence related to teh crime of arrest is located within the passenger compartment. |
