Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/113

Click to flip

113 Cards in this Set

  • Front
  • Back
KATZ
1. Search is a violation of a reasonable and subjective exception of privacy

2. Physical trespass not required to have an intrustion on privacy

3. Likelihood that warrant would have been issued does not excuse failure to obtain one (in most circumstances)
Hester
Protection is not extended to open fields
Oliver
No reasonable expectation in open fields.
Dunn
4 Factors to determine open field vs. curtilage
1. Proximity to house
2. Distinct area (such as outside of fencing)
3. Use
4. Steps taken to protect from view
What does Assumption of Risk usually require?
A decision to engage in conduct despite conscious awareness of risk
What is the rule in Hoffa and Lopez?
Making incriminating statements to another assumes risk they will be an informant
What is the rule in Lewis?
Selling drugs out of home converts it to a commercial center, inviting outsiders in, no more privacy then a store
What does White do?
Reaffirmed Hoffa, Lopez, and Lewis - No reasonable expectation when talking to another about criminal activity.
What is Smith v. MD about?
Police use of pen register is not a search; because conveying numerical info to phone company assumes risk they will give it to cops
What is the rule in Knotts?
Using a tracking device to follow to house ok because technically anyone can floow on public roads
What is the rule in Karo?
Not ok to use tracking device to monitor activites inside a privat residence.
What is the rule in CA v. Ciraolo?
No reasonable expectation for observation made from public air space, because it is physically non-intrusive, and visible to the naked eye
What is the rule in Kyllo?
Using devices not in general public use to see details inside building otherwise unknowable without physical intrusionis a 4th Amendment search.
What is the rule expressed in Dow Chemical?
Commercial property has a reduced expecation in privacy.
What is the rule expressed in CA v. Greenwood?
No reasonable expectation in garbage becuase it has been discarded and could be accessed by anyone.
What is the rule in Bond?
Can pat the sides of luggage but squeezing is overly invasive.
What is the property interest ruling in Rawlings v. K.Y.?
Rights to property matter but are not controlling for search determination (contraband in a friend's purse not protected)
What is the ruling in CA v. Hodari?
Abandoned property not protected (drugs thrown out window) even if chase causing abandomnment improper
What is the social custom ruling in MN v. Olson?
Reasonable privacy interest when an overnight guest
What is the social custom in MN v. Carter?
No privacy inerest during short visit, especially if visit is commercial (buying drugs) and no previous connection with householder (illegality was also a factor)
What was the ruling in O'Conner v. Ortega?
Privacy in workplace uphld because historically protected.
Is a Canine sniff a search? Why or why not -
No, because there is no physical invasion.
What was the ruling in Jacobsen?
Field testing for chemicals is not a search.
What is the ruling regarding Vantage Points?
Vantage points areas are open to public view and are not protected; police can use enhancing devices (flashlight) as long as observing from public vantage point.
Is there a reasonable expectation in regards to physical characteristics?
No - you have no reasonable expectation of privacy when it comes to fingerprints, handwriting, sound of voice, or physical appearance.
What are the reduced expectation cases?
Vernonia School District v. Acton, NJ v. TLO, and Hudson v. Palmer.
What was the holding in Vernonia School District v. Acton?
Random Urine testing for H.S. athletes because they chose to go out for team knowing it was a possibility they would be tested.
What was the holding in NJ v. TLO?
No warrant / Personal Consent required for school searches.
What was the holding in Hudson v. Palmer?
Prisoner's don't have a reasonable expectation of privacy in their cells.
What may an unreasonably broad subpoena be equal to?
A 4th Amendment search.
What the holding of In re Schofield?
An unreasonably broad subpoena may be = to a 4th A. search.
What items should be sought in a subpoena?
1.Items relevent to investigation
2. Item's within general jurisdiction
3. Items not sought primarily for another purpose.
What is a seizure?
Deprivation of a constitutionally protected interest.
What is a seizure of a person?
Government actor significanty interferes w/freedom of movement.
What is a seizure of a thing?
Meaningful interference with possessory interest in property.
Why is Rakas v. IL important?
Because describes what standing is. 4th Amendment rights are personal. They can be invoked only by the person whose right was violated by the search/seizure. They can't be invoked by those that are only harmed by the introduction of the evidence.
What is the two part inquiry developed from Rakas v. IL?
1. Did the person have a reasonable expectation of privacy in a place seached or possessory interes in a thing seized?
2. Was the search or seizure unlawful?
What was the rule in Boruff?
No standing when (1) not leaally authorized to operate a car, (2) when using car fo illegal purpose (transporting drugs)
Do passangers have a reasonable expectation in glove compartments or trunks?
No
What is the Business Nexus test?
Relationship of employee to area searched determines standing; doesn't have to be own personal work space (desk/office)
What was the rule in Lefkowitz?
Privacy in entire sutir of offices that they used, evn though use was not exclusive.
What was the rule in Taketa?
No standing to challenge search of co-workers office
What are some questions to be asked about immediate control when a business is being searched?
Was the employee present at the time of the search?

Did the employee have a right to exclude others from the area searched?
What are the cases that deal with the Government Action Requirement?
1. Burdeau v. CA
2. Rochin v. CA
3. Skinner v. Railway Labor Execs
4. Jacobsen
What is the holding in Burdeau v. McDowell?
Private Detectives are not gov't actors when acting independently.
What was the holding in Rochin v. CA?
Private persons IS a government actor when actin as instrument/agnet of gov't.
The two questions to ask are
1. Did the gov't know of/acquiesce to intrusive conduct?
2. was private actor's purpose to assist law enforcement?
What was the holding in Skinner v. Railway Labor?
A search conducted by RR in compliance with federal law/regulations is gov't action.
What does Jacobsen say about if the initial search is by a private actor?
The test is the degree that gov't search exceeded scope of first search. Crt. must reexamine in the same manner does not exceed scope, and rationale is that private testimony comes in without a problem.
What does Verdugo-Urquidez say about searches outside the U.S.?
Verdugo-Urquidez is a strict textualist opinon which says that "the people" only means those that are part of national community or have sufficient connection to the country. However, aliens are protected when in US and substantially connected.
What are the Bright Line Rules when doing Reasonableness Balancing?
1. If gov't actors engage in traditional law enforcement search and seizure then the warrant clasue applies.
When does the balancing test come into play?
Balancing only applies to cases where a search or sezure is done in an extrodinary manner; unusually harmful to individuals' rights
What is the probable cause objective test described in Carroll, Beck v. OH?
PC exists when facts and circumstances within knowledge and of which info is reasonably turstworthy are sufficient to warrant reasonable belief that an offense has been committed.
What is the holding in Whiteley v. Warden?
Officers called to aid other officers can assume that PC exists/
An arresting officer acts properly if arrest is based on:
1. Valid warrant obrained by another officer with PC
2. Orders from another officer who had PC
What Aguillar-Spinelli's two part test about informants?
Test is that the informant must be credible and reliable.

Credibility: Was informant likely to be telling the truth? Was tip against interest?
Reliability: Had informant given prior accurate tips? Did informant have reputation of truthfulness?
What does Williamson hold?
Statements made to gain favor with authorities are not against interest.
What does Harris hold?
Established that reputation for truthfulness is relevant.
What are the elements of reliability?
1. Did informant personally ovserve/participate in activities?
2. Was tip so detailed that informant must have had firsthand knowledge?
3. Does nature of info indicate that it could only have come from personal knowledge/reliable source?
Can the police base Probable Cause on heresay?
Yes, if they have a good reason for believing it.
What test did Gates over-rule?
Aguillar Spinelli
What was the ruling in Gates?
1. The Aguillar-Spinelli requirements were abandoned.
2. Probable Cause is determined by totality of the circumstances
3. Probable Cause is close to but less then 50%
4. Corroboration of tip makes it credible
5. Strong deference to decision of magistrage
6. States have rejected this approach and still use Aguillar Spinelli
What was the ruling in Giordenello regardin form affidavits and complaints?
Form complaints do not support a finding of Probable Cause for arrest warrant because source of knowledge and individual facts are absent.
What was the ruling in Overton v. OH regarding affidavits and complaints?
Evidence must be suppressed if complaint doesn't indicate info to establish Probable Cause.
In regards to Suppression Motions the Burden of Proof is on the government for what?
1. Warrantless Searches
2. Exceptions to fruit of poisonous tree doctrine.
In regards to Suppression Motions the Burden of Proof is on the defendant for what?
1. Searches pursuant to warrant.
2. Whether the defendant has standing.
3. Whether the gov't engaged in a search and seizure.
4. Whether there was gov't action
5. Whether evidence is fruit of poisonous tree
What is the holding in Bumper v. N.C.?
Prosecution has Burden of Proof that consent was freely and voluntarily given.
What is the holding in Franks v. DE?
Defense has the Burden of Proof tha a warrant contains deliberate falsehoods or reckless disregard for the truth.
How specific does a Motion to Supress need to be?
As reasonably specific as possible (at least as specific as an oral objection during trial would be)
What does Mendoza hold?
A defendant's allegations should be evaluated by
1. face of pleading: statements of fact v. conclusions of law
2. Assessed in conjunction with context of motion
3. Defendents access to info.
What did Franks hold in regards to the contents of warrants?
Evidence discoverd while executing a warrant must be suppressed if the defendant can prove falsity in the application that was necessary for a finding of probable cause.
What are the particular things a warrant should have on it according to the 4th Amendment?
1. Sufficient information so that officer can be reasonably certain of executing it correctly.
When a warrant is evaluated what will it be evaluated according to?
To the information evaluated at the time it was issued.
What is "other fruits, instrumentalities, and evidence of crime at this time unkown" interpreted to apply to?
It applies to the crimes enumerated in the warrant, so warrant is not general.
What is a Neutral and Detached Magistrate?
Judicial officer with no stake in the investigation.
When executing a warrant is it okay to keep persons from entering home while obtaining or clarifying a warrant?
Yes! The state has an interest in preserving evidence.
What is the holding in Bumper v. N.C.?
Prosecution has Burden of Proof that consent was freely and voluntarily given.
What is the holding in Franks v. DE?
Defense has the Burden of Proof tha a warrant contains deliberate falsehoods or reckless disregard for the truth.
How specific does a Motion to Supress need to be?
As reasonably specific as possible (at least as specific as an oral objection during trial would be)
What does Mendoza hold?
A defendant's allegations should be evaluated by
1. face of pleading: statements of fact v. conclusions of law
2. Assessed in conjunction with context of motion
3. Defendents access to info.
What did Franks hold in regards to the contents of warrants?
Evidence discoverd while executing a warrant must be suppressed if the defendant can prove falsity in the application that was necessary for a finding of probable cause.
What is the rule regarding treatment of individuals when carrying out a warrant.
A warrant to search tavern and owner does not authorize search of anyone else on premises - would only be ok if reasonable suspicion to believe other person was invovled in the crime.
Is the media allowed in with the police when executing a warrant?
No
What is the 3 Factor test for Computer Searches?
1. Whether warrant set out objective standards, easy for officers to differentiate between items subject to seizure or not.
2. Whether probable cause existed to seize all items litsted in warrant, sufficent facts to support.
3. Whether gov't was able to describe items more particularly in light of info availabel at time warrant issued.
What the seriousness of an offense determined by when someone is being arrested?
A reasonableness test
What is the holding in Atwater?
That it is okay to arrest for misdemeanors committed in officer's presence.
What is the level of suspicion needed to make an arrest?
Probable Cause
What is the warrant requirement for making an arrest?
Governed by location -
1. Not required in public place if probable cause.
2. Required in private places protected by the 4th Amendment.
3. Exigent circumstances = no warrant required i.e., Fleeing Felon Rule
What is the allowable level of force when making an arrest?
Reasonableness, from perspective of officer on scene. The chance that a felon may escape does not alone justify use of deadly force, and officers must be acting with intent to cause harm, to fall under protections of 14th Amendment.
What does Terry Hold?
Scope of search must be reasonably in line with circumstances, justifying it; purpose is only to protect officer/others, so must be limited to looking for weapons.
What is the Terry standard?
The standard is objective reasonable susupicion standard, evaluated according to info officer had at the time of the stop.
What is an encounter v. a Seizure?
Seizure occurs when officer's actions indicate the person is not free to leave.
What is the test to determine whether someone has been seized?
The totality of the circumstances test is evaluated from the perspecitve of a reasonable person in that situation.
What are the factors used to determine whether someone has been seized?
1. Multiple Officers
2. Display of Weapon
3. Physical touching
4. Language or tone of voice.
What is the acceptable length of a stop?
20 minutes.
What is the unacceptable length of a stop?
90 minutes.
Is it okay to for police to order the driver out of the car?
Yes, may also order passengers out as well. But taking persons ou of immediat vicinity of stop is not okay.
When arresting someone what must the reasoning be?
It is a totality of the circumstances test which takes into account the quanity and quality of the information. The facts must be articulable. This means that the mere presence in a high crime area is not enough to be arrested, however, flight upon viewing an officer is. The quality of the facts is held to a standard a little lesser then probable cause.
Does matching a profile give rise to reasonable suspicion?
No, but if coupled with other factors yes.
What is the traditional rule regarding searches incident to arrest?
The traditional rule assumed that searches of arrestees and areas incident to arrest were alwasy allowed.
In Chimel v. CA the court limited the scope of the area the arresting officer could search. What was it limited to?
It was limited to the arrestee's person and areas within immediat reach (wingspan).
What the reasoning behind a Search incident to arrest?
Police officer safety and evidence preservation.
The search incident to arrest trumps something - what is it?
Any reasonable expectation of privacy.
Search incident to arrest allows the police officer to search containers within reach?
Yes.
In NY v. Buie it was held that a police officer can entire passanger compartment and containers but not what?
Trunk.
If the arrestee has voluntarily exited vehicle before officer makes contact, what rule applies?
Chimel rule which is a case by case evaluation.
What is a protective sweep and when may an officer perform a protective sweep?
It is a curosry inspection of premises of arrest to look for accomplices. An officer may perform a protective sweep when he has reasonable suspicion, that allows him to justify it under the circumstances, and evidence seized during the protective sweep is admissible.
What is the plain view doctrine?
There is No 4th A. violation in arriving at place where 1. evidence was plainly perceived
2. incriminating character readily apparent
3. Officer must have lawful right to access object.
What is the the two analysis questions to ask when determining the validity of a special needs Search and Seizure?
1. Was it really regulatory, or was it enforcement?
2. Who did the search?
What are the balancing interest to consider in the analysis of Special Needs Search and Seizure?
1. If it was regulatory, then balance gov't interest with rights infringed
2. Effectiveness of chosen means.
3. Availibility of other, less restrictive means
4. What was searched, and who was searched?
Is a suspicionless stop to check license and registration okay?
No, bust a suspicionless stop to check for drunk drivng is ol if the guidlines are specified and intrustion is brief b/c there is a greater interest in saving lives.
If a suspicionless stop to check for drunk driving is okay - what about checkpoints where primary purpose is detection of illegal narcotics?
No -those are forbidden. Group suspicion is not allowed by the 4th Amendment.
What is an inventory search?
A search conducted by police, the purpose is to protect propery from theft or loss. It is an administrative search, usually of seized property, cars, etc.
What is the voluntariness requirement of a Search and Seizure?
Must have consent -