Constitutional Law ~ Final Exam

Search To Incident Lawful Arrest (SILA)

Chimel V California ~ established that a search incident to lawful arrest may not go beyond the area within the immediate control of the arrestee (lungerable)

Plain View (there’s limitations when a police officer is there lawfully )

Florida V Riley (had no exception of privacy) (there was an anonymous tip about a weed house and a police officer used a helicopter to see from above)

Kyllo V US (used thermal for searching but said it was a type of search so it wasn’t valid and required a warrant)

Curtilage

the property your house is on

New York V Quarles

Exception to public safety (Quarles tried to rape a woman was caught in a supermarket w/a gun holster and then the police officer asks where the gun is Supreme Court ruled it constitutional)

Escobedo V Illinois

asked for a lawyer during interrogation + Supreme Court said he had a right to one and that the denial of this right violated his Sixth Amendment rights.

C+I=M (the 5h amendment)

Custody + Interrogation = Miranda

What does Weeks V US establish?

The exclusionary Ryle + only applicable in federal cases, until Mapps and Ohio

Gideon V Wainwright = Landmark case

asks the judge for a lawyer but gets denied because to was a a state court (too poor to afford a lawyer) the Supreme Court says that’s its not fair everyone has a right to a lawyer (6th amendment) (two things: if your poor you can still have a lawyer; incorporation case)

Full Incorporation (citizens are protected under both federal and state levels)

First amendment, second amendment, fourth amendment, eighth amendment

Partial Incorporation

Fifth amendment, sixth amendment

No Incorporation

Third amendment, seventh amendment