Quiz 2 Criminal Justice

Katz vs. US issue?

Is a public telephone constitutionally protected from electric eavesdropping?

Katz vs. US decision?

It was legal any electronic monitoring counts as a search

Katz vs. US case significance?

wiretapping does not constitute a search unless there occurs some trespass into a situationally protected area

Probable Cause

Worthy of a warrant justifying search and seizure under the 4th amendment

Reasonable Suspicion

Below probable cause but above a hunch. Justifies a pat down

Chimel vs. California issue

Can police officers search the surrounding area of an arrestee incident to a lawful arrest?

Chimel vs. California decision

The scope of the search here was unreasonable under the 4th Amendment, as it went beyond the person and the area from within which he might have obtained a weapon.

Chimel vs. California case significance

Police can only search a person and the immediate surrounding area for their safety. 

Warden vs. Hayden issue

 Is there a distinction between evidentiary material that can be seized under a search warrant or during the course of a search incident to arrest? 

Warden vs. Hayden decision

There was probable cause, and there is no distinction between what evidentiary material can be seized under a search warrant and an arrest search.

Warden vs. Hayden case significance

Abolition of the mere evidence rule.

South Dakota vs. Opperman issue

South Dakota vs. Opperman decision

does a routine, warrantless inventory search of a lawfully impounded vehicle violates the Fourth Amendment's prohibition against unreasonable searches and seizures.

South Dakota vs. Opperman case significance

police do not need a warrant or probable cause to search a vehicle, provided the vehicle is lawfully impounded

Terry vs. Ohio issue

whether a police officer violates the Fourth Amendment when they stop a person on the street and frisk them for weapons without probable cause for an arrest.

Terry vs. Ohio decision

the stop-and-frisk did not violate John W. Terry’s Fourth Amendment rights, establishing that police officers may briefly detain and pat down an individual based on a standard lower than probable cause.

Terry vs. Ohio case significance

legal framework for "stop-and-frisk" and permanently lowering the standard required for police seizures and searches.

Gideon vs. Wainwright issue

Whether the Fourteenth Amendment's Due Process Clause extends the Sixth Amendment's right to counsel to indigent defendants charged with a felony in state courts.

Gideon vs. Wainwright conflict

the central conflict revolved around whether a poor person accused of a crime has a constitutional right to a court-appointed lawyer.

Gideon vs. Wainwright case significance

government must provide a lawyer to any criminal defendant who cannot afford one. By ruling that a fair trial is impossible without legal representation

Miranda v. Arizona issue

Do the police have to inform the suspect of their rights to legal representation and protection from self-incrimination?

Miranda v. Arizona decision

Yes, without telling them their rights, the information is inadmissible at trial.

Miranda v. Arizona case significance

Police must establish people’s rights before they begin questioning.

Miranda Rights

-Right to remain silent

-anything said can be used in court

-Right to a lawyer during questioning

-Right to have free lawyer appointed

-Suspect may stop questioning at any time and request attorney

5th amendment right to due process

the privilege against self incrimination

Berkemer v. McCarty issue

Do police have to read misdemeanor suspects their rights? Does every traffic stop require the reading Miranda rights? 

Berkemer v. McCarty decision

Stop did not constitute a custodial stop therefore officers were not required to read Miranda rights. 

Berkemer v. McCarty case significance

Expanded the Miranda rule to all custodial interrogations whether they involve a felony or misdemeanor offense.

Brewer vs. Williams issue

Was it a violation of the 6th amendment right to council, was this equivalent to an interrogation

Brewer vs. Williams decision

police violated a defendant's Sixth Amendment right to counsel by deliberately eliciting incriminating statements without a lawyer present

Brewer vs. Williams case significance

if an officer deliberately elicits incriminating statements (such as using psychological ploys), it legally constitutes an interrogation

Exceptions of Miranda rules

• Harris v. New York- Defendant object citing Miranda

• Supreme Court-Miranda is not a license to commit perjury

• Non Miranda statements are admissible to impeach credibility 

• You can impeach a witness with an inconsistent statement

New York v. Quarles issue

Should the evidence regarding the ownership and location of the gun in concern for public safety outweigh the Miranda rights. (Public safety comes first)

New York v. Quarles decision

Public safety outweighs Miranda.

New York v. Quarles case significance

Public safety outweighs Miranda. (decision was upheld)