Final Flashcards

Front 1

What is the 4th Amendment?

Back 1

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures ( reasonableness clause) shall not be violated, and no warrant shall issue, but upon probable cause, supported oath and affirmation, and particularily describing the place to be searched, and the persons or things to be seized.

Front 2

what so Liberlists and Non liberalist say?

Back 2

Liberalist-Reasonableness Clause and Warrant Clause are connected.
Non-liberal Rehnquist- consider Reasonableness Clause and Warrant Clause are separate.

Front 3

What economic class do 4th Amnd issues ussully occur?

Back 3

Lower social economic classes.

Front 4

What is the exclusionary Rule?

Back 4

Evidence obtained in violation of defensants right may not be used in trial.

Front 5

How do you determine whether a person has Standing to raise a 4th Amendment challenge?

Back 5

A. If a government agent invades privacy.
B. Right is personal.

Front 6

What is the rule for Standing

Back 6

In order to have Standing one must claim a possessory or legitimate privacy interest in area that is searched or seized.

Front 7

What must be looked at for privacy/

Back 7

Totality of the circumstances.

Front 8

What is Curtilage?

Back 8

area closely associated with the home that extends social activity at the home.

Front 9

what are examples oc Curtikage?

Back 9

A. proximity
B.whether it is included in an enclosure
c. Nature of the use(garage)
Steps taken to protect land.(fence)

Front 10

What was a result of the Katz v. U.S case

Back 10

Zone of privacy Test

Front 11

What is the rule for Search?

Back 11

-Defendant must exibit an atual expectation of privacy.
-It must be what society deems reasonable.

Front 12

What are some example of things not proteceted/ protected?

Back 12

notpro-electronic tracing device, becuase everyone can see you
-dog smell search-smell
exibits out in the open.
Protected- searching with infrared light(not allowed to pull heat out of home.)

Front 13

What is the rule for reasonable search?

Back 13

-All warrantless searches are unreasonable except for a few distinct exceptions
-Based on the totality of the circumstances we determine if reasonable/

Front 14

What are the exception of a reasonable search without a warrant?

Back 14

1)Extingent circumstances
2)Plain veiw/smell/feel
3)Consent
4)4th waiver
5)Automobile exception
6) Incident to Lawful Arrest
7)Inventory Search

Front 15

What sre th rules for the Plain veiw/fell/smell exception?

Back 15

-Officer must have a legal right to be there in protected area.
-evidence must actully be in plain view w/o manipulation
-it is evidence apparent on its face of legality. criminalioty is immediately apparent.

Front 16

What are the rules for plain feel?

Back 16

a. right to feel
b. must be immediately apparent
c. must be done without manipulation

Front 17

What are the rules for Emergency/Exigent Circumstances

Back 17

a.evidence will be immediately destroyed
b.suspect is trying to escape
c.potential injury to another

Front 18

What are the rules for Entry into a home:

Back 18

a.when police in pursuit of fleeing felon
b.imminent destruction of evidence
c.prevent suspects escape
d.risk of harm to police or others

Front 19

What are the rules for Incident to a lawful arrest

Back 19

a.individual person
b.lunging area; to protect police to safely arrest, must describe why needed; articulate facts
c.closets

Front 20

What are the rules for Automobile Exceptions

Back 20

-can search car and containers if there exists p.c., not r.s.
-if have p.c., than can search subject to scope

Front 21

What is the Rule for Invetory Search?

Back 21

Inventory Search = plain view

Front 22

What are the rules for a consent search?

Back 22

-have a right to refuse, exercising constitutional right is not p.c.
a.Implied consent – if call police, implied consent to search, related to the routine investigation of the offense
b.3rd party consent – valid only when there is mutual use of the property by persons generally having joint access or control; “of dominion & control”, “subject auth/belief it is under control”, “reasonable possession, common authority”
c.Landlord/ tenant – no consent
d.Hotel/guest –no consent

Front 23

How many types of seizures are there and what are they?

Back 23

There are two types- property and people searches.

Front 24

What are the rules for a property seizure?

Back 24

-when there is a meaningful interference with a defendant or person right to that property
-reasonable suspicion

Front 25

What are the types of seizure of a person?

Back 25

a.Arrest – a reasonable person does not feel free to leave
b.Detention – (stop) need reasonable suspicion that a crime has taken place and you have knowledge of or guilty; limited in scope; short in duration
c.consentual

Front 26

What are thr rules for a consentual encounter?

Back 26

There is no rule

Front 27

What are the rules for a detnetion?

Back 27

1.Officers need rs that a crime has taken place
2.limited in scope
3.short in duration
4.depending on investigation

Front 28

What occures if the search goes beyond the scope?

Back 28

1.unlawful, illegal detention
2.tainted
3.anything discovered can be suppressed
a.unless detention leads to an arrest
b.just b/c cuffed doesn’t mean arrested

Front 29

What are the grounds for a detention?

Back 29

must have rs, pc based on totality of circumstances

Front 30

What are the rules for a Pat Down?

Back 30

Terry v. Ohio
-only pat for weapons
-not to look for evidence
-Rule: rs that the person is armed and dangerous, NOT officer safety!
Sub rule – there must be articulable facts
-A pat down is both a search and seizure
If felt a bulge = plain feel
Profiling – fact to consider is tot of circ

Front 31

what case decided what the pretext has to be in order to stop a person?

Back 31

Whren v. U.S.
Minor or technical vehicle infractions as a pretext for stopping a vehicle and conducting and investigatory detention, has to be an objective to the stop.
PC to believe a minor violation has taken place

Front 32

What is the 5th Amendment?

Back 32

Right Against Self-Incrimination (affects interrogations and confessions)

Front 33

What are th rules regarding confessions?

Back 33

Right Against Self-Incrimination (affects interrogations and confessions)
Confessions- there are circumstances where people confess when didn’t do it
Rule: it must be voluntary and it must be done with knowledge of its consequences
Voluntary – when made with knowledge and nature and consiq and without duress or inducement

Front 34

When in a confession not voluntary?

Back 34

Not Voluntary if:
a.threatened or actual force
b.psychological pressure
i.age, day/night q’s, good cop/bad cop, mental functioning
c.promises of leniency (only da and judge can do)
d.threats of harsh legal treatment
e.deception; can lie to get confession gc/bc

Front 35

What is an interrogation?

Back 35

expressed questions, functional

Front 36

What is the rules regarding Interrogations?

Back 36

-any stmt made by a suspect as a result of a custodial interrogation may not be used unless given safeguards
Interrogation – occurs when one person is expressly questioned or when the functional = of questioning occurs

Front 37

What is custody?

Back 37

Custody – when one is deprived of his freedom in a significant way

Front 38

What does Functional = mean?

Back 38

words or actions that the police should know are reasonable likely to illicit an incriminating response

Front 39

If there is a violation of the 4th or 5th Amendments what can be done?

Back 39

Motion to suppress eveidence

Front 40

What are the two policy considerations?

Back 40

1.Inevitable Discovery – if inevitably you would have found the evidence, then it could not be suppressed
Located on independent and lawfully attained info it may be admissible
2.Attenuated circumstances – question a certain point when the illegality has become attenuated form other lawful reasons; too remote too far apart from one another

Front 41

What are the types of evecution?

Back 41

1.electric chair
2.firing squad
3.hanging
4.lethal injection
5.gas chamber

Front 42

What occurs in an appeal?

Back 42

Get your trial, jury convicts, as soon as make appeal standard decreases substantially. Look for particular amt of error in record; find prejudice as a result of error in record, and not harmless
-errors
-prejudice
-not harmless

Front 43

What are the two types of probation?

Back 43

1.Formal – offender released to custody of po, under certain conditions; 4th waiver, curfew, surprise visits, fines, classes)
2.Informal – probation to court; (m); letting offender go, only see again if violate, may/may not have to have court appearances, no po, no curfew

Front 44

What are the three types of sentencing/punishment.

Back 44

-Jail
-probation
-Death penalty