Criminal procedure chapters 2-4
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100 Terms
What is the First Amendment?
Protects freedom of religion, speech, press, assembly, and petition.
What is the Second Amendment?
Protects the right to keep and bear arms.
What is the Third Amendment?
Prevents the government from forcing people to house soldiers in their homes during peacetime without consent.
What is the Fourth Amendment?
Protects against unreasonable searches and seizures; generally requires probable cause and a warrant for searches.
What is the Fifth Amendment?
Protects several rights, including due process, protection against self-incrimination (“pleading the Fifth”), and protection against double jeopardy.
What is the Sixth Amendment?
uarantees rights of people accused of crimes, including a speedy and public trial, impartial jury, attorney, and ability to confront witnesses.
What is the Seventh Amendment?
Protects the right to a jury trial in certain civil cases.
What is the Eighth Amendment?
Prohibits excessive bail, excessive fines, and cruel and unusual punishment.
What is the Ninth Amendment?
Says that people have rights beyond those specifically listed in the Constitution.
What is the Tenth Amendment?
Powers not given to the federal government by the Constitution are reserved to the states or the people.
What is the highest law in the United States?
The U.S constitution
What are the parts of a case summary?
Title, case citation, procedural history, judge, facts, constitutional question, and judgment.
What is the title of a case?
The names of the parties involved in the case.
What is a case citation?
The information used to identify and locate the case in legal sources.
What is procedural history?
The history of what happened to the case in the courts before the current decision.
What are the facts of a case?
The important events and circumstances that led to the lawsuit.
What is the constitutional question?
The constitutional issue or question of law the court must answer.
What is the judgment?
The court's decision or ruling in the case.
What does “affirmed” mean?
The appellate court upheld the lower court’s judgment.
What does “reversed” mean?
The appellate court set aside/nullified the lower court’s judgment.
What does “remanded” mean?
The appellate court sent the case back to the lower court for further action.
What is stare decisis?
The doctrine that a prior court decision can bind a present case with similar facts.
What level are U.S. District Courts?
The trial level of the federal court system.
How many federal judicial districts are there in the United States?
94 judicial districts.
What happens in U.S. District Courts?
Cases are generally tried, meaning evidence and witnesses can be presented.
What level are U.S. Courts of Appeals?
The intermediate appellate level.
How many judges usually decide a federal Court of Appeals case?
A panel of 3 judges.
Can new witnesses or evidence generally be presented in an appeal?
No. Appeals generally review the existing record rather than holding a new trial.
What is the highest federal court in the United States?
The U.S. Supreme Court.
How many members are on the U.S. Supreme Court?
9 total: 1 Chief Justice and 8 Associate Justices.
What kinds of cases does the Supreme Court select?
A limited number of cases, often involving significant constitutional questions or conflicts among appellate rulings.
Can a Supreme Court decision be appealed to a higher court?
No. The Supreme Court is the highest court in the U.S. judicial system.
Who nominates Supreme Court justices?
The President of the United States nominates them.
Who confirms a Supreme Court nominee?
The U.S. Senate.
Name one current U.S. Supreme Court Justice.
John Roberts, Chief Justice.
What does the Fourth Amendment protect against?
Unreasonable searches and seizures by the government.
What is the main purpose of the Fourth Amendment?
To prevent the government from using illegal or unreasonable methods to obtain evidence.
Who does the Fourth Amendment restrict?
Government officials, not private individuals or private companies acting on their own.
What does the Fourth Amendment balance?
The government's power to control crime against an individual's rights to liberty and privacy.
Does the Fourth Amendment ban all government searches and seizures?
No. It bans only unreasonable searches and seizures.
When does the Fourth Amendment generally NOT apply?
When government action does not infringe upon a reasonable expectation of privacy.
What is the Private Search Doctrine?
The Fourth Amendment is generally not triggered when a private person conducts a search and gives what they found to police.
Give an example of a private search.
A school principal searching a student's locker or a private person finding something and turning it over to police.
Can police simply ask a private person to search somewhere for them?
No. Police cannot use a private individual as their "long arm of the law" to conduct a search they couldn't legally conduct themselves.
What must police generally obtain to legally search someone's private space?
Consent or a valid search warrant, unless another recognized exception to the warrant requirement applies.
What is the Reasonable Expectation of Privacy Doctrine?
The Fourth Amendment can protect situations where a person reasonably expects privacy, even beyond traditionally protected physical places.
What famous case is associated with the Reasonable Expectation of Privacy Doctrine?
Katz v. United States — involving a telephone booth.
What are the two parts of the reasonable-expectation-of-privacy test?
The individual actually expected privacy.
Society recognizes that expectation as reasonable.
What question do courts often ask when analyzing whether police conduct is a search?
Were the police lawfully present or allowed to be in that location?
Does the Fourth Amendment automatically apply simply because police observe someone for a long time?
No. Courts focus on whether the government action constitutes a search/seizure and whether it violates a protected privacy interest, rather than simply the duration or intensity of observation.
What is the basic idea behind the Third-Party Doctrine?
If you knowingly reveal information to someone else, you generally cannot claim the same expectation of privacy in that information from the government.
What are the three types of third parties discussed in this chapter?
False friends
Essential service providers
Digital-age third parties
What is a "false friend"?
Someone you trust with information who may actually be working with or providing information to the government.
What is the rule concerning information voluntarily given to third parties?
Generally, there is no reasonable expectation of privacy in information voluntarily conveyed to third parties.
What did Kyllo v. United States involve?
Thermal imaging of a home by law enforcement.
What did the Supreme Court decide in Kyllo v. United States (2001)?
Using technology to detect and measure heat from inside a home was a Fourth Amendment search.
Why is Kyllo important?
It shows that the Fourth Amendment can apply when police use technology to obtain information about the inside of a home that could not otherwise be obtained without physical intrusion.
What did United States v. Jones involve?
Police attached a GPS tracking device to a vehicle and monitored Antoine Jones's movements.
What did the Supreme Court decide in United States v. Jones
The attachment and monitoring of the GPS device constituted a Fourth Amendment search.
What are the two important technologies mentioned in this chapter that the Supreme Court has treated as Fourth Amendment searches?
Thermal imaging and GPS tracking.
What is the first question in a Fourth Amendment analysis?
Was the law enforcement action a "search" or "seizure"?
If the government action is NOT a search or seizure, what happens?
The Fourth Amendment analysis ends, because the Fourth Amendment protects against searches and seizures.
What is the second question in a Fourth Amendment analysis?
If it was a search or seizure, was it reasonable?
If a search or seizure was reasonable, what happens?
The inquiry ends, because the Fourth Amendment prohibits unreasonable searches and seizures.
What is the third question in a Fourth Amendment analysis?
If it was an unreasonable search or seizure, does the Fourth Amendment exclude its use as evidence?
What is a frisk?
A limited pat-down of the outer clothing by an officer, primarily to look for weapons and protect officer safety.
What is the purpose of a frisk?
To protect the officer from a person who the officer reasonably suspects may be armed and dangerous.
What is the least intrusive type of physical search?
A frisk/pat-down of the outer clothing.
What is the most invasive search mentioned in this chapter?
body cavity search
Does an officer need reasonable suspicion to make voluntary contact?
No.
What is a stop?
A show of police authority, verbal or physical, that temporarily detains someone based on reasonable suspicion.
What is an arrest?
A more significant detention of a person that requires probable cause.
What is the progression from least to most intrusive?
Voluntary contact → Stop → Arrest
What is reasonable suspicion?
Specific and articulable facts that amount to more than a hunch but less than probable cause and lead an officer, considering the totality of the circumstances, to suspect that criminal activity may be occurring.
How does reasonable suspicion compare to probable cause?
Reasonable suspicion is less than probable cause.
What does "articulable facts" mean?
Facts that an officer can explain or point to to justify the suspicion.
What does "totality of the circumstances" mean?
Officers and courts consider all the circumstances together, rather than relying on one isolated fact.
What types of information can help establish reasonable suspicion?
Direct information, hearsay information, individualized suspicion, categorical suspicion, and even certain random procedures may contribute to reasonable suspicion.
Does a stop automatically give police the right to frisk someone?
No. A frisk requires an additional reasonable basis to believe the person is armed.
What are the three requirements for a reasonable frisk?
The officer lawfully stopped the individual.
The officer reasonably suspects the person is armed.
The officer performs a limited pat-down of the outer clothing for concealed weapons.
What is the scope of a frisk?
It is limited to a light pat-down/once-over of outer clothing to detect weapons.
Can an officer use a frisk as an excuse to conduct a full search for evidence?
No. The purpose and scope of a frisk are limited to detecting weapons.
What is the Plain Feel Doctrine?
During a lawful frisk, if an officer immediately recognizes an object by its feel as contraband, the officer may generally seize it, provided the discovery is lawful under the doctrine.
Why does the Supreme Court give special attention to traffic stops?
Because police work during traffic stops can present increased safety risks for officers.
What special authority can police have during a lawful traffic stop?
Under certain Supreme Court rules, officers may order occupants out of a lawfully stopped vehicle and may conduct a frisk when the required justification exists.
What is a bright-line rule?
A clear, categorical legal rule that applies to a particular situation rather than requiring a case-by-case balancing test every time.
Why is Terry v. Ohio important?
It established the constitutional basis for brief investigative stops and protective frisks based on reasonable suspicion.
What is a "Terry stop"?
A brief detention based on reasonable suspicion that allows police to investigate possible criminal activity.
What is a "Terry frisk"?
A limited pat-down for weapons when an officer reasonably suspects the person is armed.
How long should a reasonable stop generally last?
It should be brief and limited to the purpose of the stop. Your notes identify about 20 minutes as a commonly viewed reasonable short duration, depending on the circumstances.
What is the purpose of a reasonable stop?
To allow officers to briefly investigate and quickly decide whether to arrest the person or let them go.
What is a "Stop and Identify" statute?
A state law that can require a person who has been lawfully stopped to provide identifying information under specified circumstances.
How many states have Stop and Identify statutes according to your notes?
21
Does Connecticut have a Stop and Identify statute
No.
What are two types of information officers can use to build reasonable suspicion?
Direct information
Hearsay information
What is direct information?
Information obtained directly by the officer, such as personally observing suspicious behavior.
What is hearsay information in this context?
Information that comes from another person or source, rather than directly from the officer's own observation.
Voluntary Contact vs. Stop — what's the difference?
Voluntary contact: no reasonable suspicion required.
Stop: requires reasonable suspicion.
Stop vs. Arrest — what's the difference?
Stop: reasonable suspicion + brief investigation.
Arrest: probable cause.
Stop vs. Frisk — what's the difference?
A stop requires reasonable suspicion of criminal activity. A frisk additionally requires reasonable suspicion that the person is armed and is limited to looking for weapons.