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26 Cards in this Set
- Front
- Back
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SILA - Monitoring Power
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[Chrismen]. Police can go with a defendant once he placed under arrest to place the defendant wants to go.
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SILA & Vehicle Searches
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"[Gant] Test = PC to arrest + Reason to believe the interior of the car harbors evidence of the crime for which the person is being arrested, Scope = Limited to crime of arrest and places harboring evidence or weapons within D’s reach. Rationale = Preservation of evidence, officer safety"
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Warrantless arrests
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"Warrantless arrest is the rule, arrest by warrant is the exception [48 hr hearing rationale] Special Rules: 1)Home Protected Under Payton. 2) Third Party Home [Stegald] – Cannot enter 3rd party home to execute arrest warrant w/o warrant for that home, or exigency or consent, or have knowledge it is D’s home or temporary residence 3) Threshold of home is public, so no warrant needed, highly public visible place, no expectation of privacy in your doorway [Santana] "
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Exigent Circumstances
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"PC to enter + Exigency (circs made conduct imperative, Scope = As broad as rsnbly necessary to prevent danger that suspect in house may resist, escape, destroy evidence, Any space that could harbor a person, Use w/SILA. Rationale = Safety + Preservation of Evidence - Types = fights [Brigham], public + police safety, hot pursuit, prevent escape"
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Vehicle & Container Searches
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"[Acevedo] Test = Warrantless search of the entire car and containers limited by size and nature of items for which there is PC. Rationale = Cars are mobile, cannot get a warrant, less privacy expectation in vehicle. If PC is for a container, can’t search whole car. Can search a passenger’s belongings but not her person."
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Inventory Searches
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"Police must (1) acting in GF (2) according to police regulations concerning inventory procedures, inspection of an impounded vehicle is rsnbl. Scope = Limited to procedures, cannot be so broad as to give officer unlimited discretion [Wells] – nothing in procedures covered locked suitcases in trunk, so officer could not inventory the locked suitcase in D’s trunk Rationale = Protects owner’s property, protect police/impound from claims of theft/loss, officer safety"
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Consent Searches
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" [Shneckloth]Test = State must show consent was voluntary and not the result of duress/coercion, Totality of circumstances test.. Does not have to be knowing waiver. Whether suspect knows he can refuse is one factor to consider. Limited to what a rsnbl officer would have understood about the exchange btw the officer + suspect regarding the scope"
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Third party consent searches
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"One who has Common Authority, which is either mutual use, or joint access or control, can consent to a search. Level of common authority informs scope of 3rd party’s ability to consent and your expectation of privacy. However, where a physically present inhabitant makes express refusal of a search, it is dispositive regardless of consent of fellow occupant."
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Apparent Authority/Mistaken Third Party Consent
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"As long as the police are objectively rsnbl in thinking the person had common authority, a warrantless entry into the home is valid"
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Plain View Doctrine
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"Police must be present lawfully, have lawful access and Incriminating nature of item must be immediately apparent, i.e. PC to seize item or PC to conduct a full search . Valid for police to get a warrant as a pretext and rely on PVD once they enter the area. Rationale = getting a warrant is a needless inconvenience and would not serve privacy interest of suspect b/c item is already discovered."
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Stop & Frisk
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" “Terry Stop” - An officer can conduct a search for weapons if he has a rsnbl suspicion that the suspect is armed and dangerous. Officers have to ID themselves. Must have rsnbl suspicion that criminal activity was afoot for the stop. Search must be related to the stop. Scope = Surface of clothing, anywhere that might hold a weapon. Rationale Balance = Officer/public safety vs. Intrusive w/o PC"
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What is Rsnbl Suspicion?
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"rsnblness determined using totality of circs, rsnbl suspicion is less stringent than PC, determined by particularized and objective basis, more than a hunch, less than PC. Reasonable suspicion couldn’t be a circumstance that applies to a large number of people. Believing someone is wanted for a felony qualifies as reasonable suspicion."
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Seizure of Persons Defined
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Seizure = When by means of physical force or show of authority a rsnbl person would not feel he is free to leave [Mendenhall]. Sbj intent of officer irrelevant except as conveyed to D
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Consensual Encounter
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" [Bostick] Would a rsnbl person feel free to disregard the police and go about his business, decline the request, or otherwise terminate the encounter. Focus on police activity, not where D has constrained his own movement."
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Pursuit as Seizure
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Hodari requires either physical contact or a show of authority +submission to that authority. Staying in a car after being pulled over would constitute submission.
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Protective Sweep
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"[Buie] Incident to LA, protective sweep of the immediate area from which an attack could be launched + adjoining rooms. Need rsnbl suspicion to search beyond adjoining room. Rationale = Police safety. Scope = Once individual is found, sweep ends"
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Checkpoints
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Must be reasonable. Look at Gravity of public concerns /public purpose & interest vs. Severity of the interference with individual liberty. Also examine Nature of the seizure [exercise of discretion]. Too much discretion would be unreasonable.
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Due Process
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"Focuses on voluntariness & coercion [Connelly]. Test = Totality of the Circumstances. Coercion can lead to unreliable statements that will compromise right to a fair trial. Examples, excessive deception, coercion, violence & threats or promises of protection/child killers."
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Miranda
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"Protects the privilege against self-incrimination. If the person in custody is to be interrogated, must informed of his rights and waive them knowingly, intelligently and voluntarily before interrogation can occur. Person can cut off questioning at their discretion."
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What qualifies as Custody for the purposes of Miranda?
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"Inquiry: Would a rsnbl person under the circumstances believe they were under arrest? Personal characteristics of individual are relevant to determine if a person thought he was in custody. Traffic stop=no Miranda b/c it is temporary and brief. If you voluntarily go to police, not custody. "
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Public Safety Exception for Miranda
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"Police are allowed to ask questions rsnbly prompted by a concern for public safety prior to Mirandizing the suspect [Quarles] (Not limited to pre-Miranda statements, could ask questions w/no waiver post Miranda if related to public safety)"
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What qualifies as interrogation for Miranda purposes?
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" [Innis] - express questioning or its functional equivalent. Words or actions on the part of the police, that the police should know are rsnbly likely to elicit an incriminating response from the suspect. Whether police knew it would elicit an incriminating response includes knowledge police have about suspect’s particular susceptibilities"
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Undercover Exception to Miranda
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[Perkins] An undercover law enforcement officer does NOT have to give Miranda warnings to an incarcerated suspect before asking questions about an unrelated crime that may elicit an incriminating response
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Once a Suspect Invokes His Right to Remain Silent
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"admissibility depends on whether his right to cut off questioning was scrupulously (conscientiously) honored. Not a blanket prohibition, can be interrogated on another subject as long as rsnbl time has passed + new warning is given."
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Requests for Counsel – under Miranda (in custody)
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" [Edwards]: 5th amendment is gateway to invoking 6th. Once the suspect requests counsel, questioning must cease unless suspect initiates questioning or counsel arrives. Still applies even when multiple/different officers seek to interrogate the same suspect about separate crimes, must cease until counsel arrives."
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Miranda – what constitutes initiation of communication?
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"General questions, such as request for water, do not constitute initiation "
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