Important Judicial Decisions

Tennessee v. Garner (1985)

“Fleeing Felon” rule

Deadly force is unconstitutional when a “fleeing felon” poses no threat to the officer or the public

Nix v. Williams (1984)

“Inevitable Discovery” Exception

Illegally obtained evidence can be admissible if the police-using lawful means-would have discovered it later

United States v. Leon (1984) & Arizona v. Evans (1995)

“Good Faith” Exception

Evidence acquired using a technically invalid warrant is admissible if the officer was unaware of the error and acted in “good faith”

Katz v. United States (1967)

“Reasonable expectation of privacy” standard

4th Amendment “protects people, not places”-including the inside of a phone booth

California v. Greenwood (1988)

Privacy forfeited when using public trash pickup

Chimel v. California (1969)

Searches incidental to an arrest

Search within an “arm’s reach”

United States v. Robinson (1973)

Searches incidental to an arrest

Search of the person

Florida v. Bostick (1991)

Voluntary searches and police coercion

If police are not coercive, police are not required to inform person that it is “voluntary”

Carroll v. United States (1925)

Voluntary searches of vehicles

Vehicle ≠ home’s “reasonable expectation of privacy” (home > vehicle)

Warrant is not required when there is probable cause that the vehicle contains contraband or evidence of criminal activity

Arizona v. Gant (2009)

Voluntary searches of vehicles

Warrantless searches allowed only if: arrestee is close enough to any destroy evidence and/or retrieve any weapon inside the vehicle OR arresting office reasonably believes that the car contains evidence pertinent to the same crime for which the person was arrested

Coolidge v. New Hampshire (1971)

4 necessary criteria of the “plain view doctrine”

Item in officer’s plain view

Officer legally justified to be in location

Discovery of item is inadvertent

Officer immediately recognizes illegal nature of item

Kyllo v. United States (2001)

Exception from the “plain view doctrine”

Thermal imaging of home unconstitutional violation of privacy

Terry v. Ohio (1968)

4th amendment allows stop and frisk if the officer has a reasonable suspicion that: a person has, is currently, or is about to commit a crime OR a person is armed and dangerous

Hiibel v. 6th Judicial District Court of Nevada (2004)

4th and 5th amendments allow police to stop citizens and check ID

Arizona v. Johnson (2009)

Stop and frisk of vehicle passengers is allowed for weapons

Arizona v. United States (2012)

Upheld that police can investigate immigration status of a person stopped, detained, or arrested if there is reasonable suspicion that the person is of illegal status

Wilson v. Arkansas (1995)

“Knock and Announce” Requirement

Police must announce identity and purpose before entering a home (~5 to 20 seconds)

Miranda v. Arizona (1968)

5th and 6th amendments

Every suspect needs protection from police coercion

Establishes procedural requirement of reading rights to those in police custody

Miranda Warning is about public knowledge/understanding of key constitutional rights