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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

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

Arizona v. Hicks (1987)

(Plain View) - Cannot move something to see if it is incriminating

California v. Acevedo (1991)

(Carroll) - can search closed containers in a vehicle

Cantrell v. Virginia, 774 S.E.2d 469 (2015)

(Inventory) - Must have a written policy, training, and standardized form (no notebook paper)

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

Florida v. Meyers (1984)

(Carroll) - can search a car a second time after being impounded

Florida v. Royer (1983)

(Consent) - illegal arrest makes consent involuntary under "fruit of the poisonous tree"

Florida v. Wells, 495 U.S. 1 (1990)

(Inventory) - officers can only have very limited discretion

Florida v. White (1998)

(Carroll) May search a vehicle if the vehicle itself is contraband

Harris v. U.S. (1968)

Created Plain View

Illinois v. Gates (1983)

(Probable Cause) - to search, a fair probability that contrabandor evidence of a crime will be found in a particular place

Mincey v. Arizona (1978)

(Plain view) a warrantless search must be ‘strictly circumscribed by the exigencieswhich justify its initiation,

Minnesota v. Dickerson (1993)

(Plain View) - may seize object under plain view

New York v. Belton (1981)

(Search Incident to arrest) - may search vehicle

Schneckloth v. Bustamonte (1973)

(Weapons Frisk) - under totality of circumstances, there was no duress and was voluntary

South Dakota v. Opperman, 428 U.S. 364 (1976)

(Inventory) - cannot be a pretext for an investigation

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)

United States v. Derrick Jackson, 131 F.3d 1105(1997)

(Plain View) - can take a second look for plain view

United States v. Johns (1985)

(Carroll) - 3 day delay is upheld in search [Probably the upper end]

Illinois v. Lidster, 540 U.S. 419 (2004)

(Roadblocks) for gathering information are ok and can stop someone if clearly violating the law

United States v. Mendenhall (1980)

(Consent) - not necessarily involuntary if under arrest, but it's harder to prove

United States v. Mercado (2002)

(Carroll) mobile means inherently mobile, but not necessarily so

United States v. Shaquille Robinson (4thCir. Ct. of Appeals 2015)

(Terry) - legally carrying a weapon does not fulfill the dangerous condition of Terry

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

United States v. Ross (1982)

(Carroll) - can only look where the thing you are looking for is likely to be found

United States v. Seelye (1987)

(Stop) - defines the line in between investigatory stop/arrest [suppression of seized gun]