criminal law and procedure final

why is the 4th amendment in the constitution?

abuse from the brits

what are general warrants?

all people involved in seditious activities

what protects from general warrants?

specificity requirement, which constrains within reasonable limits

What kind of searches are recognised as reasonable within the text of 4th amendment?

Warrants based upon probable cause that are particularized

can you have a reasonable search without getting a warrant?

yes, must be supported by probable cause

searches that are ok without probable cause?

administrative (impounded vehicles, industries like alcohol), terry stops

how did 4th amendment become applicable to states?

Wolf v. Colorado through due process of 14th amendment

what does the 4th amendment protect?

persons, houses, curtilage

4th amendment search of person

arrest is a seizure, search of person external and body cavity

what does 4th amendment search of houses cover

vehicles, rental property, hotel rooms, non-public portiosn of businesses,

what does the 4th amendment cover of curtilage

area immediately surrounding your dwelling, no definitive number of feet, open fields can be searched without a warrant even if private property

original test for search warrant?

physical trespass into protected space

tresspass doctrine?

no intrusion into protected space, no search so no 4th problem

what abrogated the tresspass doctrine?

katz v US

katz v US

Bookie using illegal gambling out of public phone booth, wiretaps out of telephone company, Lower court said telephone company agreed so there was no trespass thus no search, US supreme court reversed and in so doing abrogated the trespass doctrine

katz reasonable expectation of privacy test

First prong: person exhibited an actual expectation of privacy, Second: expectation is one society is prepared to recognize as reasonable

US v Jones

Gov put GPS on defendants car, Supremes found that the government's physical intrusion on an effect for purposes of obtaining information constitutes a search

does abandoned property have 4th protection?

no

what is seizure of a person?

an arrest

when is a seizure of an item?

when police physically take control of an item

exclusionary rule

Evidence seized in violation of the 4th is inadmissible, Proceeds of an illegal search as legally irrelevant and cant be used against guilt

Weeks v US

decided that evidence obtained through warrantless searches could not be used in federal prosecutions

what is the silver platter problem?

exclusionary rule did not apply to states, If state officers did illegal search they could present the evidence to feds on silver platter, Wolf did not address

Ilkins v. US

abrogated silver platter doctrine

Mapp v. Ohio

made exclusionary rule applicable to states via incorporation

alternatives for violations of exclusionary rule?

criminal prosecutions for police, administrative, police civilly liable for damages

fruit of poisonous tree doctrine?

evidence derived from illegally seizes evidence inadmissible

are warrants generally required?

yes

how do you get a warrant?

Police apply to judge and present affidavits containing facts that hopefully amount to probable cause

what is probable cause for a search warrant?

Evidence and information sufficient to warrant a reasonable prudent and cautious police officer in the belief that contraband or evidence of a crime will be found through a particular search

what can affidavits for search warrants contain?

investigation or based on witness statement, tip from informant, hearsay is ok

IL v. Gates

overturned aguilar-spinelli, established totality of the circumstances

requirements for judges to make probable cause determination in search warrants?

info has to be fresh, specific and more likely than not that evidence will be found

are anticipatory search warrants ok?

yes as long as there is probable cause to believe evidence of a crime or contraband will be there when executed

US v. Leon

established good faith exception to exclusionary rule

Massachusetts v. sheppard

police asked judge to fix application, judge messed up and didn’t but told police the warrant was sufficient to conduct the search, supreme court said exclusionary rule should not be applied because police behaved in objective good faith based on what the judge told them

how do police qualify for the good faith warrant exception?

clean hands, warrant or its underlying PC must not be so deficient that any reasonable well trained officer should have known

herring v US

Police made arrest pursuant to a warant that had been rescinded by the neighboring county, Police did not update system, Arrest turned up drugs and a gun, Def argued proceeds of illegal search should be suppressed and case against client dismissed, Supreme court said it did not violate 4th, Rationale: purpose is to deter police misconduct

• Act must be deliberate

• Act must be culpable

• Applying exclusion to accidental scenarios gets you no deterrence and is just an unjust windfall

warrant exceptions?

good faith, plain view, automobile, search incident to a lawful arrest, hot pursuit, consent search, terry stops

how are automobiles exceptions to warrants?

If stop was legal, anything you can see from outside of car is plain view which gives PC to do full search

how are searches incident to a lawful arrest exceptions to warrants?

wingspan/lunging distance, Rationale is officer safety, Abandoned property is also searchable/seizable

how are hot pursuits exceptions to warrant requirements?

Don't have to have them in sight the whole time but chase must be active and ongoing

terry stops

stop and frisks, have to be based on reasonable suspicion,

how can officers frisk you?

if they have reasonable suspicion to believe you are armed, plain feel test (pat down of outer clothing)

what is reasonable suspicion?

Some articulable basis for believing that criminal activity is afoot, more than a hunch and suspicion grounded in objective observable facts

what spaces in cars can you search based on reasonable suspicion?

search passenger compartment for weapons based on facts and rational inferences that the person was dangerous (NOT trunk or inaccessible spaces)

how to reach probable cause with profiles?

profile plus some individualized or particularized fact or circumstances like furtive gesture, acting nervous

what are searches without a warrant or particularized finding of suspicion for?

pervasive regulated industries, border searches, impounded vehicles, jail/prison inmates

how can you have a warrantless search for a pervasive regulated industry?

ensure compliance with license, bars, alcohol, tobacco

how can you have a warrantless search for border searches?

at or near border or ship docked, people crossing national border have no reasonable expectation privacy

how can you have a warrantless search for impounded vehicles?

inventory search, protect police, false claims of theft, regarded as administrative

how can you have a warrantless search for jail/prison inmates?

no reasonable expectation of privacy, must be justified by some legitimate penological purpose

how can you have a warrantless search for DWI checkpoints?

stop entails minimal intrusion and inconvenience, implicate serious public safety, approved if conducted pursuant to objective criterion for determining who to stop

schwermber v. california

many police believed they could have blood drawn under evanescent evidence exception in DWI cases

MO v McNeley

clarified Schwermber, must show exigent circumstances that make securing a warrant impractical in a particular case

indianapolis v edmunds

sign on road said drug checkpoint ahead, they hid at bottom of exit and stopped everyone who exited the highway, searched cars that drug dogs hit on, not legal, must have RS or PC to make a stop for other enforcement purposes

US v. place

dog sniff of your car not a search within a meaning of the 4th

IL v. caballes

dog sniff during a traffic stop OK

rodriguez v. US

Held that doing a dog sniff on a traffic stop extended the stop beyond the ground which provided RS and was thus unconstitutional

florida v jardines

Police took drug sniffing dog to defendants front porch, resulting in positive alert for drugs, Got search warrant, Supreme said search was illegal bc intruded into curtilage without consent, not legally entitled to be

state v. mack

• Set up drug checkpoint and waited at next exit by church and school, mack swerved wildly to make exit, Distinguished there was individualized reasonable suspicion because mack swerved wildly to exit the highway

IL v. rodriguez

woman who didnt live in the apartment anymore invited officers in where they found drugs, supreme court said a warrantless search does not violate the 4th amendment if the police reasonably believed that the person who consented to the search had the authority to do so

New Jersey v. TLO

child caught smoking, purse was searched and found cigs and evidence of pot dealing, police were called, court said school officials never need a warrant, only need reasonable suspicion that student has violated law or rules of school

veronia school district v. acton

random drug testing for school athletes approved by parents, acton not allowed to play sports bc they did not consent to drug testing, court held no violation of 4th amendment

technology protected by the 4th?

cordless ohone conversations, thermal imaging directed at private home from a public street,

technology not protected by the 4th

pen registers, observation from navigable airspace not entered beyond binoculars

riley v california

Seizure of cell phones pursuant to starches incident to lawful arrest and examination of digital contents without a warrant, Held police may not without warrant search digital info on cell phone seized from an individual who has been arrested

arrest for 4th and 5th amendment

4th is seizure of person, 5th is custody

arrrest at common law?

police could arrest for misdemeanors if they saw a crime being committed or had a scorn complaint from citizen, for felonies they could arrest based just upon probable cause

requirements for arrests in public

if crime occurs in plain view and officer possesses probable cause and exigent circumstances prevents from getting a warrant, generally fine

payton v New york

not in exigent circumstances, police cant make warrantless, nonconsesual entry into private residence to make a routine felony arrest, if you step outside, it makes it a public place

when is warrantless entry into residence ok?

probable cause to arrest suspect, police have good reason to believe suspect is there and armed/dangerous, strong possibility of escape/destruction of evidence

post arrest process

people arrested without a warrant constitutionally entitled to immediate judicial review to ensure the arrest was based on probable cause-McLaughlin 48 hours

what chases are ok?

foot chases as long as arrest is legal, car chases are administrative

tennessee v garner

4th amendment prohibits use of deadly force to prevent escape of suspected felon unless it is 

• (1) necessary to prevent escape 

• (2) the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to officer or others

what do police have to have under tennessee v garner?

PC person is armed (shot at you or brandished gun), PC that person commited violent felony, have to be unarmed and nondangerous to qualify for garner protection

what is a pretextual stop and is it ok?

yes, police using minor infraction to conduct a legal stop/investigation

whren v US

officers motive in stopping a vehicle is irrelevant, as long as there is an objective legal basis for stop, stop is legal

Atwater v city of lago vista

If state law permits, police may make an arrest for even a minor traffic violation even if arrest is not necessary or normal practice

citizens arrest

At common law private citizens could arrest felons or people who breached peace in their presence, Citizen right of arrest based on state, Could get false imprisonment or assaults, Police have authority to require bystanders to assist in making an arrest

brown v mississippi

prevented state court from using confession that was product of brutal beating by law enforcement, Decided on due process grounds

what was the original test for confessions?

voluntariness test

voluntariness test