Landmark Court Cases - L.E.

Carroll v. U.S.

Warrantless vehicle searches

4 Requirements: Probable Cause, Not on Curtilage, Doesn’t Exceed Scope, Readily Mobile

Chambers v. Maroney

Fair probability of evidence inside vehicle, exigency is not required because you still have probable cause

Collins v. Virginia

Can not invade curtilage even with probable cause, must have urgency/exigency

U.S. v. Mercado

Automobile exception still applies to temporarily immobile vehicles

• can be deemed mobile again by gas, air in tires, battery, triple A

U.S. v. Rodriguez

Can not extend traffic stop for a K-9 search

U.S. v. Ross

The scope of a warrantless search is not narrower/broader than if you had a warrant (search as if you had judicial approval - search reasonable places)

Jones v. U.S.

Touching with intent to gather information

U.S. v. Byrd

A driver DOES have an expectation of privacy in a rental car even if they’re not listed as an authorized driver on the rental agreement

Pennsylvania v. Mimms

You can take the driver out of the vehicle on a vehicle stop

Maryland v. Wilson

Officers can make passengers exit the vehicle on a lawfully stopped car

Katz v. U.S.

Protects against unreasonable search and seizures to electronic wiretapping devices

U.S. v. Richmond

Wobbling Tire - touched the tire he pulled her over for, so it was a reasonable search

California v. Hodarid

A fleeing suspect is not "seized" under the terms of the Fourth Amendment unless the pursuing officers apply physical force to the suspect or the suspect submits to officers' commands to stop

Florida v. Bostick

A search of a person on a bus is not unreasonable, it’s reasonable if they felt free to decline the search and leave

Terry v. Ohio

Allows police to conduct a stop based on reasonable suspicion

King v. U.S.

Hunches vs Reasonable Suspicion

Chimel v. California

May search the area within immediate reach of the suspect once arrested (S.I.T.A.)

Arizona v. Hicks

Must have probable cause to invoke a plain view seizure

Payton v. New York

Can not make a warrantless, non-consensual, entry into a suspect’s home to arrest them unless you have exigent circumstances

Steagald v. U.S.

Requirements to enter a 3rd party residence to arrest:

1. Consent

2. Arrest warrant and search warrant (can not enter 3rd party residence with just an arrest warrant)

U.S. v. Buckner

You do not need a physical search warrant in hand

Bryan v. MacPherson

Establishes Intermediate Force

Miranda v. Arizona

Establishes Miranda rights

When Miranda is required to be read:

1. Custody (arrest-like custody)

2. Cop (known officer)

3. Questioning (interrogative)

South Dakota v. Opperman

Establishes foundation for inventories

Reason for inventories:

1. Not to search for evidence

2. To protect owner’s property

3. To defend against claims

Cady v. Dombrowski

Establishes Community Caretaking - allows police to perform certain duties necessary for the safety and welfare of the community

People v. Stacey

Search is lawful if you have reason to believe that the person giving consent has the authority to do so

Georgia v. Randolph

When authority is equal and one party does not consent, then you must leave/stop

Fernandez v. California

If the NON-consenting party is arrested or leaves, you can ask to search (again) from the consenting party

Public Safety Doctrine

Can ask about weapons without reading Miranda for public safety reasons (avoid why questions)

Wyoming v. Houghton

Can not search passenger’s purse/bag within a vehicle without RS/PC

California v. Carney

Motor home is subject to automobile exception because it is readily mobile

Tennesssee v. Garner

A police officer may use deadly force to prevent the escape of a fleeing suspect if the officer has good-faith belief that the suspect poses a significant threat of death or serious bodily injury to the officer or others.

Arizona v. Grant

Police may search passenger compartment of a vehicle, to a recent occupant’s arrest, only if they reasonably believe arrestee might access vehicle at time of search or if the vehicle contains evidence of the offense of the arrest