CJL 4410 Exam 1 - University of Florida

What is incorporation?

Incorporation is the process of applying protections in the Bill of Rights to state governments through the 14th Amendment.

What is the difference between total incorporation and selective incorporation?

Total incorporation applies the entire Bill of Rights to states, while selective incorporation applies only fundamental rights one at a time.

What did Barron v. Baltimore establish?

The Bill of Rights originally restricted only the federal government, not the states.

What are the major sources of law?

Constitution, statutes, court rules, judicial decisions/common law/precedent, state constitutions.

What does the 14th Amendment protect?

It protects procedural due process, substantive due process, and equal protection.

What is the expectation of privacy according to Katz v. United States?

The Fourth Amendment protects people, not just places, and involves subjective and objective expectations of privacy.

What is a reasonable expectation of privacy?

It is privacy that a person actually expected and that society would consider reasonable.

What did Smith v. Maryland establish regarding privacy?

There is no reasonable expectation of privacy in numbers dialed from a telephone conveyed to the phone company.

What did United States v. Miller determine about bank records?

There is no reasonable expectation of privacy in bank records held by a bank.

What did United States v. Warshak rule about email?

The contents of email receive privacy protection.

What is the false friend doctrine in Hoffa v. United States?

You assume the risk that someone you tell information to may be an informant.

What is the plain-view doctrine?

Police may seize evidence without a warrant if they are lawfully in the position to see it and its incriminating nature is immediately apparent.

What did Arizona v. Hicks determine about moving objects?

Moving an object to read its serial number constituted an additional search.

What did Horton v. California establish about plain view?

Evidence discovered in plain view does not have to be discovered accidentally.

What is curtilage?

Curtilage is the area immediately surrounding and associated with a home that receives strong Fourth Amendment protection.

What did Oliver v. United States rule about open fields?

Open fields do not receive Fourth Amendment privacy protection.

What are the four curtilage factors from United States v. Dunn?

1. Distance from the home

2. Whether the area is inside an enclosure surrounding the home

3. How the area is used

4. Steps taken to protect the area from observation.

What did Florida v. Jardines determine about drug-sniffing dogs?

Bringing a drug-sniffing dog onto the front porch to investigate the home was a search.

What is the implication of using the porch as an investigative search area?

It can exceed the implied permission for police to approach a front door.

What was the ruling in California v. Ciraolo?

Naked-eye aerial observation of curtilage from a lawful, routine altitude was not a search.

What was the ruling in Florida v. Riley?

Observation from a helicopter flying at a legal altitude was not a search.

(no warrant needed)

What was the ruling in Dow Chemical v. United States?

Enhanced aerial photography of a commercial industrial complex was not treated like observation of a private home.

What does abandoned property mean under the Fourth Amendment?

Property in which someone has given up a reasonable expectation of privacy.

What was the ruling in Hester v. United States?

Items discarded in an open field were considered abandoned and not protected.

What was the ruling in Abel v. United States?

Items left in a hotel wastebasket after checkout were abandoned.

What was the ruling in California v. Greenwood?

Trash left at the curb generally has no reasonable expectation of privacy.

What was the ruling in Bond v. United States?

Physically squeezing/manipulating luggage in an overhead compartment was a search.

What was the ruling in Kyllo v. United States?

Police used thermal imaging to detect heat patterns inside a home, which was a search.

What was the ruling in Carpenter v. United States?

Historical cell-site location information (CSLI) receives Fourth Amendment protection.

What is a seizure of a person?

When police restrain someone's freedom through physical force or authority to which the person submits.

What does United States v. Mendenhall ask?

Whether a reasonable person would feel free to leave under the circumstances.

What was the ruling in California v. Hodari D.?

A police show of authority without submission does not constitute a seizure.

What was the ruling in Torres v. Madrid?

Application of physical force with intent to restrain is a seizure even if the person gets away.

What level of suspicion is needed for an arrest?

Probable cause.

What level of suspicion is needed for a Terry stop?

Reasonable suspicion.

What is reasonable suspicion?

Specific, articulable facts that reasonably suggest criminal activity may be occurring.

What are the two separate rules established in Terry v. Ohio?

STOP requires reasonable suspicion

FRISK requires reasonable belief that the person is armed and dangerous.

What is a Terry frisk?

A limited pat-down of outer clothing for weapons.

What can contribute to reasonable suspicion according to Illinois v. Wardlow?

Unprovoked headlong flight in a high-crime area.

What factors make an informant's tip stronger?

Informant reliability, basis of knowledge, contemporaneous report, police corroboration, ongoing dangerous conduct.

What was the ruling in Adams v. Williams?

A known informant's tip in a high-crime area supported a stop and frisk.

What was the ruling in Alabama v. White?

An anonymous tip combined with police corroboration of predictive information created reasonable suspicion.

What was the ruling in Navarette v. California?

An anonymous 911 report about reckless driving was sufficiently reliable due to various factors.

What was the ruling in United States v. Hensley?

Officers may rely on a police bulletin if it had facts supporting reasonable suspicion.

What was the ruling in Florida v. J.L.?

An anonymous tip about a person having a gun was insufficient for a stop/frisk.

When does a Terry stop become an arrest?

When the detention becomes too intrusive in duration, movement, restraint, or overall character.

What was the ruling in Florida v. Royer?

Police moved a suspect into a room and retained his ticket/identification, making the detention too intrusive.

What does it mean if a detention exceeds a Terry stop?

It becomes an arrest without probable cause.

What was the ruling in Dunaway v. New York?

Taking a suspect to the police station for questioning without probable cause constituted an arrest.

What did Kaupp v. Texas determine about police actions?

Removing a teenager from his home and transporting him to the station was effectively an arrest requiring probable cause.

What was the significance of United States v. Sharpe?

A 20-minute investigative stop was reasonable due to diligent police pursuit.

What did United States v. Place establish about luggage detention?

90 minutes of luggage detention was too long under the circumstances.

What was the ruling in United States v. Montoya de Hernandez regarding border detentions?

Prolonged detention was permitted with reasonable suspicion of internal drug smuggling.

What factors help determine whether a Terry detention is reasonable?

Least intrusive means, brief duration, limited movement, officer diligence, legitimate safety needs.

What is the general rule regarding race and reasonable suspicion?

Race cannot be the sole factor supporting a stop; police need particularized, objective information.

What was the outcome of Brown v. City of Oneonta regarding race in suspect descriptions?

Police stops based on a suspect description including race were treated differently from generalized racial profiling.

What did United States v. Weaver state about race and reasonable suspicion?

Race may be considered only with specific intelligence, judged objectively.

What does a drug courier profile consist of?

A set of behaviors or characteristics associated with people transporting illegal drugs.

What was the ruling in Reid v. Georgia regarding drug courier profiles?

Profile characteristics shared by many innocent travelers were insufficient for reasonable suspicion.

What did Florida v. Royer determine about police detention?

Suspicious factors could support investigation, but the detention exceeded a Terry stop.

What does Hiibel v. Sixth Judicial District Court say about stating one's name during a Terry stop?

A state may require a suspect to state their name during a valid Terry stop.

What did Pennsylvania v. Mimms establish about traffic stops?

During a lawful traffic stop, an officer may order the driver out of the vehicle.

What was determined in Maryland v. Wilson regarding passengers during traffic stops?

Police may order passengers out of the vehicle during a lawful traffic stop.

What does Michigan v. Long say about protective searches?

Police may conduct a protective search of areas where a weapon could be located if they suspect the individual is dangerous.

What did Arizona v. Johnson rule about frisking passengers?

A passenger may be frisked if police reasonably suspect they are armed and dangerous.

What is the plain-feel doctrine as established in Minnesota v. Dickerson?

During a lawful Terry frisk, police may seize contraband if its identity is immediately apparent through touch.

What is probable cause?

Facts and circumstances sufficient to make a reasonable person believe there is a fair probability that a crime occurred.

What did Carroll v. United States describe about probable cause?

Probable cause is facts leading a reasonable person to conclude that a crime was committed.

What did United States v. Ortiz state about evaluating probable cause?

An officer's training and experience may be considered, but experience alone cannot manufacture probable cause.

What was the ruling in Beck v. Ohio regarding good-faith belief?

An officer's good-faith belief alone is not probable cause; objective facts must support the belief.

What is the collective-knowledge doctrine as per United States v. Gillette?

Officers may rely on information communicated by other officers.

What did Draper v. United States establish regarding corroboration?

Corroboration of an informant's detailed information supports probable cause.

What does McCray v. Illinois recognize about informants?

It recognizes the protection of an informant's identity in certain circumstances.

What is the presumption of reliability for eyewitnesses and police?

Eyewitnesses, victims, and police are generally presumed more reliable than ordinary confidential/anonymous informants.

What are the two prongs used to evaluate informant information in Aguilar v. Texas?

1. Veracity/reliability

2. Basis of knowledge

What does veracity mean in the context of informants?

Truthfulness/reliability.

What is the basis of knowledge in relation to informants?

How the informant obtained the information.

What did Spinelli v. United States clarify about the Aguilar test?

Spinelli tightened application of the Aguilar test, allowing corroborating evidence to compensate for weaknesses in an informant's information.

What is the totality of the circumstances test established in Illinois v. Gates?

It replaced the rigid Aguilar-Spinelli test, considering veracity and basis of knowledge as important but not rigid independent requirements.

What is the significance of probable cause in District of Columbia v. Wesby?

Probable cause is based on the totality of the circumstances, not isolated facts.

What defines an exigent circumstance?

An emergency serious enough to justify immediate police action without first obtaining a warrant.

What are the requirements for police to enter a suspect's home to arrest them according to Payton v. New York?

Police generally need an arrest warrant and reason to believe the suspect is inside, unless an exigent circumstance exists.

What does Steagald v. United States establish about searching a third party's home?

An arrest warrant for a suspect does not automatically permit police to search someone else's home

a search warrant is generally needed.

What was the ruling in United States v. Holland regarding warrant rules?

It addresses warrant rules involving hallways in the 2nd Circuit.

What does hot pursuit justify according to United States v. Santana?

Hot pursuit from a public doorway justifies police entry.

What does Michigan v. Tyler say about fire/public safety?

Fire/public safety can create exigent circumstances allowing warrantless entry.

What does Ker v. California state about imminent destruction of evidence?

Imminent destruction of evidence can constitute an exigent circumstance justifying warrantless entry.

What is the implication of Minnesota v. Olson regarding overnight guests?

An overnight guest has a reasonable expectation of privacy in the host's home.

What does Welsh v. Wisconsin say about warrantless home entry?

A warrantless home entry/arrest for a minor, nonjailable offense was unreasonable.

What should you think of when considering Aguilar-Spinelli?

Two separate boxes: reliability/veracity and basis of knowledge.

What should you think of when considering Gates?

Everything together: totality of circumstances.

What is the first step in the hierarchy for exam questions regarding government conduct?

Did government conduct occur?

What is the second step in the hierarchy for exam questions?

Was there a SEARCH or SEIZURE?

What is the third step in the hierarchy for exam questions?

If yes, what justification was required?