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49 Cards in this Set
- Front
- Back
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Florida v. Bostick
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the appropriate test which determains wether an officers action, taking into account all the circumstances sourrounding the encounter, a reasonable person would feel free to deny consent to search or otherwise terminate the encounter.
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California v. Hodari
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to constitute the seizure of a person, there must be the application of physical force, how ever slight, or else submission to the officers whowing of authority. Ex. foot chase with tackle
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Berkemer v. McCarty
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an officers unarticulated plan has no bearing on wether the suspect is in custody, the only relevant inquiry is wether a reasonable person in the suspect position would have understood the situation. Roadside questioning is not custodial interrogation and does not require Miranda warning.
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Fresbie v. Collins
and U.S. v. Alvarez-Machain |
Court has authority even if arrest is illegal. "dont care how you got here, as long as your here."
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Wilson v. Arkansas
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Knock-and-Announce is part of the 4th ammendment, but is subject to exceptions based on law enforcement interest.
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Exeptions to Knock-and-Announce.
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Established by state law and court decisions. exeptions are
1. announcing would strong threat of violence to officers. 2. danger of destruction of contraband 3. others imenent harm 4. escaping or destroying evidence 5. suspect is in the procces of commiting crime. |
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Richards v. Wisconsin
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In determaining wether exigent circumstances exist wether entry without a warrant, the seriousness of the offense must be considered, . In minor offenses, a warrantless entry into a home will rarely be justified. Ex. blanket exeption in drug dealing cases even by judicial authorization.
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Hudson v. Michigan
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A violation of the knock-and-announce rule does not require suppresion of evidence in a search.
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Atwater v. Lago Vista
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Arrest for a mestameanor for a minor offense punishable only by fine.
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What actions can the police take in a search incident to arrest?
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1. search the person
2. search area of immediate control 3. search the passenger comparment of a motor vehicle. 4. conduct a protective sweep if justified |
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U.s. v. Robinson
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Allowed search of person after arrest.
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Scope of search incident to arrest.
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Allows search of the persons entire body, except body cavity search or strip search which require reasonable suspecion that the person is concealing drugs or contraband.
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Chimel v. California
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Permits search of the area of immediate control after arrest, where the suspect may grab a weapon or destroy evidence.
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New York v. Belton
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Permits search of the area of immediate control in a vehicle, after arrest, which is the entrire passenger compartment and any containers found in the compartment.
*The container must reasonably contain evidence in support of the offense arrested for or an item which poses danger to the officer. |
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Thornton v. U.S.
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Offecers may search vehicles as in Belton, this allows search even if initial contact and arrest of the suspect took place outside the vehicle.
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Maryland v. Buie
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A reasonable suspicion is needed to carryout a protective sweep based on aticulable that an individual posing a danger to those at the arrest scene is in hidding.
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Wilson v. Layne
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The police may not invite media ride alongs while arrest and search warrant.
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SEARCH INCIDENT TO LAWFUL ARREST
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A search is reasonable, and a search warrant is not required, if a search is conducted as an incident to a lawful arrest.
Under this exception to the search warrant requirement, an arresting officer may search only the person arrested and the area within which that person might gain possession of a weapon or might destroy or hide evidence. |
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Illinois v. McArthur
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A brief seizure of a home to obtain a search warrat is permissible under the 4th amendment.
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U.S. v. Banks
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Established that 15-20 seconds is reasonable time before entry of knock-and announce. No less unless circumstances.
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U.S. v. Drayton
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The 4th amendment does not require the officer to advice individuals the right to deny sonsent to search or to not cooperate.
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How do courts determain if consent was valid?
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1. was the consent granted by one with authority to grant?
2. was the consent voluntary and intellegent. 3. was the search within the permissible scope? |
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Georgia v. Randolph
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A physically present co-occupants stated rufusal to permit entry into a home occupied by him, and allowed by another renders a warrantless entry thus unlawful "as to him and his space."
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Florida v. Jimeno
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Consent to search a vehicle extends to closed containers found inside the vehicle, as long as it is objectively reasonable for the police to beleive that the scope of the suspects consent permitted them to open that container. ex. you may only search the left part of my bag.
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What's the Special needs beyond law enforcement execption level of proof?
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Probable Cuase
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New Jersery v. T.L.O.
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School administration may search a student on reasonable grounds based on violations of laws or school policies.
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U.S. v. Knights
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Its reasonalbe for the police to search a probationers home without a warrant if search is supported by reasonable suspicion and authorized by a condition of probation.
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Samson v. California
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The 4th amendment does not prohibit police from conducting suspicionless search of a parolee if condition of parole.
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Brigham City v. Stuart
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Police may enter a home with out a warrant when they have objectively reasonable basis for beleiving that an occupant is seriously injured or emminently threatened with such injury.
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Flippo v. West Virginia
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There is no "crime scene exeption" to search warrant execption.
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Illinois v. Caballes
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A dog sniff conducted during a lawfull stop that reveals no information other than the location of the drugs does not violate the 4th amendment. A dog sniff is not a search.
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U.S. v. Gould
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Protective sweep was reasonable as when someone dangerouse may be at the scene.
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When can a officer stop a vehicle?
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1. when reasonable suspicion of involvement in criminal activity
2. person has commited a traffic offense 3. roadblocks "no level of proof required" |
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Idianapolis v. Edmonds
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Highway checkpoints whose primary purpose is to detect evidence of of ordinary criminal wrongdoing violated 4th amendment.
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Illinois v. Lidster
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Check points set up to obtain information from motorist about a hit and run does NOT violate the 4th Amendment.
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Whren v. U.S.
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Temporary detention of a motorist that is supported by probable cause to beleive the motorist has commited a traffic violation is valid even if the actual motivation of the law enforcement officer is to determain if the motorist has drugs.
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What is a "pretext stop?"
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a stop in which the officer detains the citizen for a minor crime (i.e. traffic offense) because the officer actually suspects the person of involvement in a major crime (i.e. drug possession).
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What may an officer do after a stop?
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1. may order driver and passengers out of vehicle.
2. may frisk vehicle upon reasonable suspision of danger. 3. may search vehicle if consent is granted 4. may conduct a "search incident to arrest" 5. may seize items in "plain view." 6. may search the vehicle if "probable cause developes" |
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Carroll v. U.S.
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To search a vehicle, a warrant is not required when its "not practical" to obtain one, because vehicle may be driven away from jurisdiction.
1. requires probable cause 2. vehicle must be mobile (caplable of being driven away anytime) |
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Robbins v. California
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Established considerations to warrant requirment;
1. mobility of motor vehicle 2. the diminished expectation of privacy surrounds motor vehicle 3.the fact that the vihicle is used for transportation, and not residence 4. the fact that the occupants and contents travel in plain view 5. the neccessarly high degree of requlation of automobiles by the government |
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U.S. v. Ross
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If the police legitamately stop a car and have probable cause to beleive it contains contraband, they may conduct a warrantless search of the car ANYWHERE where contraband may be stored. Incudes locked comparments, trunks, containers.
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Wyoming v. Houghton
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Officers who have proable cause to search the vehicle may search any "passengers belongings" that are able to conceal the object of the search.
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Maryland v. Pringle
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Officers with probable cause to search a vehicle may arrest all passengers of a vehicle in which drugs and money are found, and all occupants deny ownership of the contraband. The officer must have probable cause that the passengers are involved in the criminal activity.
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California v. Acevedo
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Probable cause to beleive that a "container" contains contraband justifies a warrantless search of the container even if theres not probable cause to search the vehicle. Reversed "U.S. v. Chadwick"
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U.S. v. Chadwick
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Was reversed by Acevedo; Police may seize containers from vehicles but could not open them with out a warrant.
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What are "vehicle inventory" purpose?
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1. to secure arrestees property from loss and damage
2. to protect the police from false claims 3. to protect the officer from danger |
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Colorado v. Bertine
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Warrantless inventory searches are permissible under the 4th amendment.
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What is the permissible scope of a vehicle inventory?
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1. follows standard procedures of the department.
2. must not be as an excusse for warrantless search. 3. may inventory locked containers, (Texas does not allow this) |
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Knowles v. Iowa
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State law which authorizes searches after issuance of traffic citations is a violation of 4th amenment.
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