Criminal Procedure 75 questions

4th Amendment Checklist

1. Government action 2. Search or seizure 3. Constitutional (warrant or exception) 4. Exclusion

When does the 4th Amendment apply?

Only to government action or private actors acting as agents of the government

Government agent rule

Private party becomes government actor if acting at direction or control of police

What is a search under Katz?

Violation of a reasonable expectation of privacy (subjective + objective)

Subjective prong (Katz)

Person actually expects privacy

Objective prong (Katz)

Society recognizes expectation as reasonable

What is a search under Jones?

Physical trespass + purpose of obtaining information

Technology rule (Kyllo)

Use of sense-enhancing tech not in general public use to obtain info about home = search

Public tracking (Knotts)

Tracking movements on public roads is NOT a search

Private space tracking (Karo)

Tech revealing info about inside of home = search

GPS tracking rule (Jones)

Installing and using GPS device on car = search

Cell site data (Carpenter)

7+ days of CSLI = search

Open fields doctrine

No 4A protection for open fields

Curtilage vs open field (Dunn factors)

1. Proximity to home 2. Enclosure 3. Nature of use 4. Steps to protect from observation

Trash rule (Greenwood)

No reasonable expectation of privacy in garbage left on curb

What is a seizure (person)?

Not free to leave + physical force or submission to authority

Mendenhall test

Reasonable person would not feel free to leave

Bostick refinement

Not free to decline or terminate encounter

Hodari D rule

No seizure without submission or physical force

Torres rule

Application of physical force with intent to restrain = seizure even if person escapes

Consensual encounter vs seizure

Consensual = free to leave (no 4A) seizure = not free to leave

Stop vs arrest difference

Stops require reasonable suspicion arrests require probable cause

Factors (stop vs arrest)

Duration movement level of intrusion

What makes a warrant valid?

Probable cause oath and particularity

Probable cause definition

Fair probability or substantial chance of criminal activity

PC standard

Totality of circumstances reasonable officer specific facts

Summers rule

Warrant allows detention of occupants during search

Knock and announce rule

Police must knock unless danger or destruction of evidence

General rule (warrantless search)

Presumptively invalid unless exception applies

Terry stop rule

Reasonable suspicion criminal activity may be afoot

Frisk rule

Reasonable suspicion suspect is armed and dangerous

Reasonable suspicion definition

More than a hunch totality of circumstances specific facts

Terry limitation

Applies only to stops not arrests

Traffic stop rule

Valid if probable cause of any traffic violation regardless of officer motive

Arrest rule

Warrantless arrest in public allowed with probable cause

Minor offense arrest rule

Probable cause allows arrest even for minor crimes

Exigent circumstances rule

Probable cause plus no time for warrant

Exigent categories

Hot pursuit safety destruction of evidence

Police created exigency

Not valid if police create the emergency

Home entry rule

No warrantless entry into home absent exigency

Plain view rule

1 lawful presence 2 not beyond scope 3 immediately apparent evidence

Automobile exception

Probable cause allows search of entire vehicle and containers

Scope of automobile search

Includes trunk and all containers that may contain object

Passenger property rule

Police can search passenger belongings in car

Container rule

If probable cause only for container search limited to container

Automobile limit

Cannot enter curtilage to search vehicle

Search incident to arrest rule

Search person and area within immediate control

Vehicle SILA rule

Search allowed if access to vehicle or evidence of crime of arrest

Cell phone rule

No warrantless digital search absent exigency

Consent rule

Consent must be voluntary under totality of circumstances

Coercion factors

Tone weapons custody vulnerability

Knowledge of right to refuse

Not required for valid consent

Co occupant rule

Present refusal overrides consent

Absent occupant rule

Consent valid if objector absent

Exclusionary rule

Evidence suppressed after 4A violation unless exception

Burden of proof

Prosecution must prove exception by preponderance

Attenuation doctrine

Evidence admissible if connection to violation weakened

Informant tips rule

Totality of circumstances veracity and basis of knowledge

Anonymous tip rule

Needs corroboration to establish reasonable suspicion

Predictive tip rule

Corroborated predictive info can establish reasonable suspicion

Anonymous tip limit

Anonymous tip alone not enough without reliability

DUI tip exception

Anonymous DUI tip may justify stop

Fleeing rule

Flight plus high crime area may create reasonable suspicion

High crime area factors

Nexus to crime geographic limits timing

Profiling rule

Race alone insufficient but may be a factor

Profile rule

Police may rely on profiles for reasonable suspicion

Miranda rule

Applies when custody and interrogation

Custody definition

Not free to leave objective test

Interrogation definition

Express questioning or functional equivalent

Functional equivalent

Words or actions likely to elicit incriminating response

Waiver requirements

Knowing and voluntary

Invocation rule

If suspect invokes silence or counsel interrogation must stop

Counsel invocation

No questioning until lawyer present

Miranda violation consequence

Statement excluded from prosecution case

Due process voluntariness

Confession must be voluntary under totality of circumstances

Attenuation doctrine factors

Temporal proximity intervening circumstances purpose and flagrancy of misconduct

Search incident to arrest rule

Search person and area within immediate control after lawful custodial arrest

Chimel rule

Search limited to area within immediate control where suspect can grab weapon or evidence

Robinson rule

Full search of person allowed automatically after arrest

Gant rule vehicle

Search car only if access to vehicle or evidence of crime of arrest

Riley rule

No warrantless search of cell phone digital contents