Criminal Investigations - Test 2

Katz v US (1967)

Violation of 4th amendment to conduct a search and seizure without a warrant anywhere a person has a reasonable expectation of privacy

Dalia v US (1979)

4th amendment does not prohibit covert entry to install otherwise legal electronic bugging equipment

Smith v Maryland (1979)

Use of pen register to obtain information on subject’s phone calls not a ‘search’, so no warrant required

Riley v California (2014)

Warrantless search and seizure of digital contents of the cell phone during arrest is unconstitutional under 4th amendment

US v Jones (2012)

Installing GPS tracking device on vehicle movement constitutes a search under 4th amendment

On Lee v US (1952)

Use of bifocals, field glasses, or telescope, to magnify object of vision is not forbidden search or seizure

CA v Ciraolo (1986)

Flying over backyard does not warrant search

FL v Riley (1989)

Police traveling in public airways at 400ft not required to obtain a warrant to observe what is visible to the naked eye

Kyllo v US (2001)

Using technological device to explore details of home that would have been unknowable without physical intrusion

Miranda v Arizona (1966)

Prosecution cannot use statements from custodial interrogation of defendant unless used procedural safeguards effective to secure privilege against self discrimination

Locke v US (1813)

One of the earliest cases on its meaning (probable cause) bare suspicion

Stacey v Emery (1878)

Shifts from bare suspicion test to prudent, cautious person

Carroll v US (1925) and Brinegar v US (1948)

Added term “reasonable” to judicial discussion

4th Amendment

• No unreasonable searches or seizures

• No warrants without probable cause

5th Amendment

• No self-incrimination

• No double jepordy

• Due process

• Grand jury for capital crimes

6th Amendment

• Right to a fair and speedy trial

• Right to obtain/confront witnesses

• Right to an attorney

8th Amendment

• No cruel and unusual punishment

• No excessive bail or fines

9th Amendment

Covers rights not mentioned in the first 8 amendments

10th Amendment

Powers not given to the federal government given to the states or people