Exam 2 - Law

Third party doctrine

No expectation of privacy in information shared with companies because there is no control over what the third party does with the information

Carpenter v. U.S.

U.S. supreme court held that a warrant is needed to access historical cell phone location information because of the fourth ammendment

Temporary investigatory detention

Officers can approach a person, breifly detain them, and ask questions

U.S. v. Terry

The exclusionary rule would not cure minority communities’ complaints about police harassment

Terry stop

Legal standard requires criminal activity is afoot

Probable cause

Legal standard for an arrest and the officer must first establish criminal’s reliability and suspicion that there is a crime

Arrest

He or she fells they can not leave the police presence

Excessive force

Shooting to death an unarmed fleeing felon

Steps for obtaining a warrant

• Probable cause

• Connecting person to be seized/place to be searched

• Described with particularity

• Supported by oath or affirmation

• Signed by a neutral and detached magistrate(judge)

U.S. v. Banks

The reasonable amount of time to wait before officers forcibly enter after knocking to serve a warrant is 15-20 seconds

Reasonable suspicion

Legal standard based on specific and articulate facts that criminal activity is afoot

Executing a warrant

Officers must knock and announce their presence before forcing entry

Consent to search without a warrant

Must be legally valid and voluntary

Totality of circumstances

Physical contact with the police, person’s intelligence level, and coercive techniques used by police

Arizona v. Gant

Police can only justifyably search an arrestee’s car if the suspect posed a continuing threat to the officer’s safety or to preserve evidence of the crime

Maryland v. Buie

U.S. Supreme Court found that a warrantless protective sweep was legal because police received a report of an armed robbery committed by two people at the pizza parlor

Minnesota v. Dickerson

Dickerson was visiting an apartment building known for cocaine drug activity, and officers conducted a pat-down to see if he had drugs, but they had to manipulate the object to tell. The court rules that the officer must be able to identify what the object was based on pat down only.

Hot pursuit doctrine

Allows police to chase a suspect into a private residence if probable cause exists, the search is limited, and there is a belief the suspect will escape

DUI

Officers don’t need a warrant to do a breathalizer test, but they do need it to draw blood

Corpus delicti

The body of the crime

Third-degree interrogation techniques

Striking, squeezing, burning, beating, or choking a suspect

Confession

Must be determined to be voluntary

Miranda v. Arizona

Miranda warning needs to be given before custodial interrogation

First ammendment protections

Religion, speech, press, assembly, petition the government

Miller test

Three-pronged legal test for obscenity

Lemon v. Kurtzman

Three-pronged test to determine whether a law has an impermissible religious objective

The three prongs for the lemon test

1. Challenged statute must have a nonreligious purpose

2. The law must neither advance of inhibit religion

3. The law must not foster excessive entanglement with religion

Burden of proof

Burden of proving the defendant guilty beyond a reasonable doubt

Competency to stand trial

1. Understand the nature of the court proceedings against him

2. Be able to assist his council in his defense

Battered woman syndrome

Repeated cycle of physical abuse that causes the victim to live in fear of being beaten, maimed, or killed

Pennsylvania v. Stonehouse

DV case where the prosecutor claimed that she was not a victim because she knew that her bf was married. The court found that history of physical and mental abuse is important for a jury to dispel common myths about intimate partner violence.

Florida State v. Laing

Entrapment case addressing the issue of whether a young man was entrapped by officers posing as a young girl. Court ruled no. There was an objective test on whether there was outrageous gov conduct or subjective test that asks whether the accused was predisposed to commit a crime.

Durress

Excuse the actions of a criminal when they were coerced by threats from another human because the defendant was acting without free will

Dog sniffs

Not searches and may establish probable cause to search

Special needs searches for drugs in school

Occur when the public has a diminished expectation of privacy

Miranda rights to counsel

The giving of the rights and the waiver of those rights; must be invoked to be valid

Reinterrogation after invoking the right to counsel

If a suspect invokes their right to counsel, another attempt at interrogation may occur only when counsel is present