Criminal Law

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31 Terms

1
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Can police search your property (house, car, office) after being arrested?
yes, as long as the search matches the justification. Example: a search incident to protect police, remove means of escape, and deter loss of evidence
2
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Chimel v. California
Ted Chimel, suspect in burglary, police came to his house with warrant. When Ted came home he was arrested and asked if they could search his house. Chimel rejected bc no warrant, police searched anyway and found evidence

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Decision: search was unreasonable → if your arrested police can search your body but not your house
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Riley v. California
firearms discovered in David Riley’s car, after arresting him police went through his phone and discovered he was a gang member involved in shooting

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decision: search was unreasonable→ need warrant to search phone
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Terry v. Ohio
Terry and 2 other men were seen by police who thought they were going to rob a store, officer stopped and frisked them, found gun on Terry

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decision: reasonable search → if officer has reasonable suspicion a pat down is legal, if pat down yield evidence for probable cause, police can search w/o warrant
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Georgia v. Randolph
Scott Randolph arrested for drug possession after police found cocaine in his home, police didn’t have warrant but his wife consented but he did not consent

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decision: w/o warrant, police cannot search house where one resident consents and other rejects
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Search in “plain view”
can conduct this type of search and seizure if police have right to be where they are and evidence is in plain view
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People v. Camacho
police arrived at house from noise complaint, looked through window and saw bags of white powder

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decision: police acted legally
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People v. Reiss
police recieved tip that Reiss was growing marijuana, police went to alleyway and looked over fence to see and saw the plants, and obtained warrant

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decision: reasonable search because police was on public property
9
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Searches after “hot pursuit”
police in “hot pursuit” of suspect are not required to have warrant before entering same building as suspect → evidence found can be used
10
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US v. Ross
after tip, police pulled over Ross and found heroine in trunk, brought to station and after another search money was found. no warrant for either searches

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decision: police can search vehicle if they have probable cause
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Illlinois v. Caballes
caballes pulled over for speeding and police brought over drug sniffing dog and alerted police to marijuana in the trunk

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decision: convicted of cannabis trafficking → using drug sniffing police dog during routine traffic stop is reasonable
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Florida v. Jardines
police received tip that Jardines was growing marijuana, officer went to house with drug detecting dog and found there was marijuana, used for probable cause for warrant, and found 25 pounds of marijuana in house

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decision: police need warrant to search porch
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Wyoming v. Houghton
sandra houghton pulled over and officer noticed drug paraphernalia and searched car

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decision: police can search car with probable cause
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Brendlin v. California
police pulled over car for expired registration and noticed bruce Brendlin in passenger seat. since there was an arrest warrant out for him, people in car were arrested

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decision: all occupant of car are “seized” during traffic stop
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FLorida v. JL
anonymous tip reported man carrying a gun at bus stop, officers arrived but saw no suspicious activity. one officer frisked JL and seized gun

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decision: police cannnot stop and frisk someone solely based on anonymous tip that doesn’t mention illegal conduct
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Searches during EMergency Situations
allowed
17
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People v. Ray
police came to Andre Rays house after neighbor said the door was open all day, performed security check and found drugs/cash

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decision: “community caretaking” is an exception to the warrant requirement for police to enter private residence
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New Jersey v. TLO
teacher caught Terry Owen smoking, brought her to assistant principal but she denied it, and they searched her bag

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decision: unreasonable searches and seizure apply to all government officials (including teachers) → need probable cause to search, this search = reasonable
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In re WIlliam G
teacher saw student hiding black vinyl case and asked to search it, went to principals office where they took it and searched

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decision: search not legal bc no reasonable suspicion, search must match justification in school setting
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Safford Unified School District v. Redding
Savana Redding, middle school student, was strip searched by school officials on basis of a tip by another student the she might have ibuprofen, which violated school policy

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decision: search not legal → reasonable suspicions search measure used by school officials must be reasonably related to objective of search
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Veronia SChool Distric v. Acton
Investigation led to discovery that high school athletes used illicit drugs, started drug testing the student athletes at random

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decision: random drug testing policy for students considered suspicious is reasonable
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BC v Plumas Unified School
drug sniffing dog brought to school and sniffed students and their bags alerting to one student who didn’t have drugs

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decisions: dog sniffing unattended luggage not a search→ random and suspicionless dog sniff search at school is unconsitutional
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People v. North
women broke into ex boyfriends car to give evidence to police that he stole from her

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police can recieve evidence from someone even if they did it illegally (breaking into someones car)
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felony
at least 6 months state prison
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misdemeanor
up to 6 monthscounty prison
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infraction
no incarceration only fines
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Atwater v. City of lago Vista texas
police can search from minor criminal offence like traffic violation
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Maryland v. Pringle
police saw cocaine in car

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decision: was probable cause therefore reasonable
29
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When can you be punished by law?
only after legally found guilty (anything before is not punishment)
30
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standard of privacy in school
don’t need probable cause for search, only “reasonable suspicion” (bag, locker can be searched)
31
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4th amendment warrant exceptions (special cases)
items in plain view, stop and frisk, consent searches, searches in “hot pursuit”, emergency situations, special places w/ lower standard of privacy (airport)