Constitutional law

Types of lawful searches

- consent

- with a warrant

- frisk for weapons

- search incident to arrest

- plain view

- exigent circumstances

0%

voluntary contact

35%

reasonable suspicion (investigative detention)

Terry Stop

- brief

- no movement except for reason of safety

- no use of force

51%

Probable cause, secure a warrant arrest and place under arrest

98%

beyond a reasonable doubt

Marbury v. Madison

created the doctrine for judicial review; gave USSC final interpretation of BOR

Weeks v. US

created exclusionary rule for federal prosecutions; evidence obtained unlawfully may not be introduced at trial

Carroll v. US

Warrantless search on an automobile with PC due to its mobility of the vehicle and search warrants on the road are impractical

Mapp v. Ohio

exclusionary rule applied to state prosecution

Escobedo v Il

USSC ruled you have the right to counsel prior to custodial interrogation

Custodial

in custody; under arrest

Interrogation

accusatory vs investigatory questions

Miranada v. Arizona

police must advise arrestees of rights

Chimel v. CA

search incident to arrest; able to search lunge area (immediate vicinity)

Arizona v. Gantt

modified Chimel decision- search driver if offender has evidence present in vehicle

Coolidge v. NH

plain view doctrine created- if an officer is in a place her/she has a right to be and sees evidence of a crime it may be seized

US v. Santana

may pursue suspect from public property to private when under hot pursuit

hot pursuit

never loses a visual of suspect

US v. Chadwick

mobility of a vehicle not reasonable once contraband/evidence has been removed; must secure a warrant (overturns Carroll v. US)

Brewer v. Williams

"Christian burial speech" was the functional equivalent of custodial interrogation

Nix v. Williams

Inevitable discovery exception to the exclusionary rule created

US v. Leon

Good Faith exception to exclusionary rule

Iowa v. williams

Pamela 10 year old kidnapped and killed at YMCA in Iowa around Christmas Eve. conversation with Mr. Williams included a statement of the girls christian parents

NY v. Quarles

public safety exception to miranda warning

Terry v. Ohio

Stop and frisk with out probable cause but need reasonable suspicion (frisk of a person for protective reasons)

• two separate reasonable suspicions needed

Delaware v. Prouse

Can’t make random traffic stops (reasonable suspicion is needed)

Michigan v Long

Protective sweep of vehicle (officer safety)

Rhode Island v Innis

Spontaneous utterance is miserable in court

California v greenwood

trash on the side of the road is abandon property (no privacy)

florida v bostick

citizen can can give consent or not (stuck on a bus with officers is not coercion)

California v Hodari

foot pursuit is not considered seizure of a person

MD v Brie

Protective sweep of a home before a search warrant or arrest warrant

Whren v US

Traffic violations are a legitimate basis for traffic stops even if pre-textual

Indianapolis v Edmonds

Cannot do drug checkpoints

Illinois v Lidster

Checkpoints can be used for investigative purposes

Georgia v Randolph

A no overrides a yes when two occupants are home (but officers could wait a reasonable time till other gets home)

Fernandez v California

Amended Randolph, did not have to wait for other to get home; just needed consent from whom is present

Samson v California

Police officers may accompany a probation/parole officer on home visits

US v Jones

No warrant needed for GPS tracking when it’s non damaging and for a short amount of time; a valid search warrant is required when it’s an extended period of time with difficult attachments to vehicle

Florida v Jardines

Doing a knock and talk canines are not allowed need warrant for private property

Long v California

Overturned Santana; can’t be in hot pursuit off any reason

4th amendment relies on reasonable search

• Expectation of privacy

• How intrusive

• What is a search