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27 Cards in this Set
- Front
- Back
Alabama v. White (1990) |
(Stop) - set minimum level of corroboration for an anonymous tip to be used |
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Arizona v. Gant (2009) |
The Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless vehicular search incident to arrest |
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Arizona v. Hicks (1987) |
(Plain View) - Cannot move something to see if it is incriminating |
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California v. Acevedo (1991) |
(Carroll) - can search closed containers in a vehicle |
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Cantrell v. Virginia, 774 S.E.2d 469 (2015) |
(Inventory) - Must have a written policy, training, and standardized form (no notebook paper) |
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Fernandez v. California, 134 S. Ct. 1126 (2014) |
(consent) when the objecting co-resident is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search |
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Florida v. Meyers (1984) |
(Carroll) - can search a car a second time after being impounded |
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Florida v. Royer (1983) |
(Consent) - illegal arrest makes consent involuntary under "fruit of the poisonous tree" |
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Florida v. Wells, 495 U.S. 1 (1990) |
(Inventory) - officers can only have very limited discretion |
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Florida v. White (1998) |
(Carroll) May search a vehicle if the vehicle itself is contraband |
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Harris v. U.S. (1968) |
Created Plain View |
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Illinois v. Gates (1983) |
(Probable Cause) - to search, a fair probability that contrabandor evidence of a crime will be found in a particular place |
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Mincey v. Arizona (1978) |
(Plain view) a warrantless search must be ‘strictly circumscribed by the exigencieswhich justify its initiation, |
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Minnesota v. Dickerson (1993) |
(Plain View) - may seize object under plain view |
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New York v. Belton (1981) |
(Search Incident to arrest) - may search vehicle |
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Schneckloth v. Bustamonte (1973) |
(Weapons Frisk) - under totality of circumstances, there was no duress and was voluntary |
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South Dakota v. Opperman, 428 U.S. 364 (1976) |
(Inventory) - cannot be a pretext for an investigation |
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Thompson v. Louisiana, (1984) |
(Plain View) - a two hour, general, non-emergency search is an intrusion and is not covered by plain view (needs warrant) |
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United States v. Derrick Jackson, 131 F.3d 1105(1997) |
(Plain View) - can take a second look for plain view |
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United States v. Johns (1985) |
(Carroll) - 3 day delay is upheld in search [Probably the upper end] |
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Illinois v. Lidster, 540 U.S. 419 (2004) |
(Roadblocks) for gathering information are ok and can stop someone if clearly violating the law |
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United States v. Mendenhall (1980) |
(Consent) - not necessarily involuntary if under arrest, but it's harder to prove |
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United States v. Mercado (2002) |
(Carroll) mobile means inherently mobile, but not necessarily so |
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United States v. Shaquille Robinson (4thCir. Ct. of Appeals 2015) |
(Terry) - legally carrying a weapon does not fulfill the dangerous condition of Terry |
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United States v. Rodriguez, 191 L.Ed.2d 492(2015) |
(Carroll) - may not extend length of stop to have a dog sniff for reason other than the original stop |
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United States v. Ross (1982) |
(Carroll) - can only look where the thing you are looking for is likely to be found |
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United States v. Seelye (1987) |
(Stop) - defines the line in between investigatory stop/arrest [suppression of seized gun] |