CJL3410 Exam 1 Study Guide

What was Crime control versus due process?

We want law enforcement to be able to effectively promote public safety and security. But, we don’t want individual liberty, privacy, and autonomy to be violated by the government

What is Procedural Criminal Law?

Involves the rules that law enforcement must follow

What does Due Process do?

Due process constrains how the government can go about executing its crime control functions

What is a False Positive?

When you convict the innocent

What is a False Negative?

When you fail to convict the guilty

What is fundamental law?

It is an ancient idea that some law is higher than ordinary law. A constitution limits what lawmakers can do, even the majority cannot overrule constitutional rules.

What does the U.S. Constitution consist of?

It consists of two main parts: The Constitution Articles 1-7 and 27 Amendments to the Constitution

What is federalism?

The U.S. is a federal system, there is a separation of powers between national and state systems.

What type of power do both systems have?

The federal government has limited, enumerated powers. States have broad powers to pass laws (i.e., police powers).

What is Judicial Review?

The Judicial branch interprets whether ordinary laws violate the “supreme law of the land”. SCOTUS has final say on interpretation of criminal procedure rights.

What are the Fourth Amendment rights?

 The Right to be free from unreasonable searches and seizures, and the Right to probable cause for warrants.

What are the Fifth Amendment rights?

The Right to grand jury indictment (federal only), Right against double jeopardy, Right to due process (federal only), Right against self-incrimination.

What are the Sixth Amendment rights?

Right to speedy trial, public trial, impartial jury, notice of charges against accused, confront witnesses against accused, compulsory process to obtain witnesses in favor of accused, and defense counsel.

What are the Eighth Amendment rights?

Right against excessive bail, excessive fines, and cruel and unusual punishments.

What are the Fourteenth Amendment rights?

Right to due process of law in state proceedings, to equal protection of law in state proceedings, and to privileges or immunities of U.S. citizens.

What is the Historical Context of the Reconstruction Amendments?

Prior to the Civil War, the Bill of Rights only applied to the federal government. State governments had exclusive police powers to pass criminal laws and operate CJS. After the Civil War ended in 1865, three amendments were added to the Constitution. These amendments radically changed our constitutional system

What are the Reconstruction Amendments?

-13th amendment: Ratified in 1865 and stated that slavery or involuntary servitude will no longer exist except as a punishment for crime. 

-14th amendment: Ratified in 1868 and stated that the privileges or immunities of citizens of the U.S. shall not be abridged without due process of the law. Nor will equal protection of the laws be denied from any person. 

-15th amendment: Ratified in 1870 and stated that the right of citizens of the U.S. to vote shall not be denied due to race, color, or previous condition of servitude

What is the Fundamental fairness doctrine?

“Due process” means fundamentally fair procedures. Criminal justice remains a state matter, and the federal Bill of Rights does not apply. It is less rigid and more fluid than specific rights in the Bill of Rights.

What is the Incorporation doctrine?

Due process means that states cannot violate Bill of Rights. It is the legal principle by which many rights guaranteed in the U.S. Bill of Rights are applied to the states through the 14th amendments due process clause

What is Equal protection?

No state shall deny to any person within its jurisdiction the equal protection of the laws.

What is the Historical Context of Equal Protection?

Equal protection was originally intended to protect former slaves from mob violence in the South

What is Selection Prosecution?

The decision to prosecute cannot be discriminatory. Prosecutors who prosecute some defendants but not others based on group characteristics violate the Equal Protection Clause

How do you prove Selective Prosecution?

The claimant must demonstrate that the federal prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory purpose

What is Discriminatory effect?

Asks are similarly situated defendants treated differently according to some group characteristics

What is Discriminatory purpose?

Must show that the prosecutor selection defendant based on group characteristics

What is the Presumption of Regularity?

Government actions are presumed lawful unless there is clear evidence to the contrary. Claimants have the burden to prove they were denied equal protection.

What is the definition of Precedent?

Prior appellate opinions by the same (or higher) court about the same legal question

What is Stare decisis?

An ancient legal doctrine that courts will follow precedent unless it is clearly egregious.

What is the history of the Fourth Amendment?

In the 18th century, English monarchs were heavily criticized in printed materials. This caused them to issue writs of assistance and general warrants which allowed for searches and seizures whenever and wherever. Colonists argued that they needed to be free from unreasonable searches in the privacy of their home

What are General Warrants?

There is no specific person or place included in the warrant. They were also used in investigating crimes

What are Writs of assistance?

They were issued in order to deter libel, royal agents could search any person at any time and any place. They became the standard way of enforcing customs and taxes in American colonies

What are the two clauses of the Fourth Amendment?

The Reasonableness Clause which sets the general rule that all searches and seizures must be reasonable, and the Warrant Clause which requires probable cause.

What is the Trespass approach?

A search only occurs when there is a physical trespass by a government agent against a “constitutionally protected area”. Trespass is a common law doctrine that protects against invasion or property by others

What is the Privacy approach?

A search is not limited to a physical trespass, it is where the expectation of privacy that society considers reasonable is violated by the government

What s the Katz two-prong test?

1. Subjective privacy: Asks did the person exhibit an actual expectation of privacy.

2. Objective privacy: Asks was this subjective expectation of privacy reasonable. 

What was Katz v. U.S.?

FBI attached recording divide to outside of phone booth and recorded Katz making illegal bets. It was held that this violated Katz’s 4th amendment rights because the 4th amendment protected people, not places

What was Illinois v. Caballes?

Roy Caballes was stopped for speeding, another trooper showed up with a dog and walked around the car, the dog alerted to the trunk. Officers searched and found marijuana, it was held that reasonable suspicion was not required to use a drug-sniffing do

What was Florida v. Jardines?

Miami-Dade Police received an unverified tip that Jardine's house was being used to grow marijuana, officers showed up to the front with a dog and the dog alerted to drugs, they then applied for a search warrant. It was held that the dog sniff constituted a warrantless search

What was Byrd v. U.S.?

The court held that a driver of a rental car does have a reasonable expectation of privacy because the driver still has reasonable expectation of privacy

What is the general rule for Private Searches?

The 4th amendment only applies to searches by government agents. Private persons can perform searches and then turn over evidence to the government, this does not implicate the 4th amendment

What was the Private search reconstruction doctrine?

Police can reconstruct a private party search to see what the private party saw–but cannot exceed the private search

What was U.S. v. Lichtenberger?

Lichtenberger’s girlfriend searched his laptop and called the police, due to the fact that she could not be sure that she showed the police the same images she had already seen, it was held that the evidence must be suppressed at trial and the search was not reasonable

What is the Third party doctrine?

When a person reveals incriminating information to a third party, that person assumes the risk that the third party will disclose to the government

What are two major types of third parties?

False friends and Essential Service Providers

What are False Friends?

If a person discloses incriminating evidence to a third party who is trusted to be a “friend”, there is no 4th amendment violation

What are Informants?

Law enforcement often rely on cooperation from trusted associates to inform on criminal suspects

What are Undercover agents?

It is routine practice for law enforcement to engage in some deception to catch a criminal suspect in the act

What was U.S. v. White?

Held that the testimony of the government agents who listened to conversations between defendant White and informant Harvey Jackson was not inadmissible and did not violate White’s 4th amendment rights. White did not have reasonable expectation of privacy

What are Essential Service Providers (ESPs)?

Another major issue is whether the government needs a warrant to search records or other potential evidence held by essential service companies.

What do Bank Records have to do with ESPs?

 In U.S. v. Miller, it was held that the bank records of a third party are not within the zone of privacy protected by the 4th amendment.

What do Telephone Records have to do with ESPs?

In Smith v. Maryland, it was held that Smith did not have a reasonable expectation of privacy for the numbers he dialed, so there was no 4th amendment violation.

What does Trash have to do with ESPs?

 In California v. Greenwood, it was held that the warrantless search and seizure of Greenwood’s garbage did not violate his 4th amendment rights. There is no reasonable expectation of privacy for trash placed for curbside pickup from a third party.

What do Cell Phone Location Records have to do with ESPs?

In Carpenter v. U.S., it was held that the warrantless seizure of Carpenter’s cell phone records for purposes of determining his location constituted an unreasonable search and violated his 4th amendment rights.

What does Thermal Imaging have to do with Searches and Modern Technology?

In Kyllo v. U.S., it was held that the thermal imaging of a home to detect heat within the home constituted a warrantless search and that search violated Kyllo’s 4th amendment rights

What does GPS have to do with Searches and Modern Technology?

In U.S. v. Jones, it was held that the warrantless use of a tracking device on Jones’s vehicle to monitor its movements on public streets constituted an unreasonable search–tresspass of property.

What does E-mail have to do with Searches and Modern Technology?

In U.S. v. Warshak, it was held that the warrantless seizure of Warshak’s emails from his ISPs constituted a search that violated his 4th amendment rights.

What does Text Messages have to do with Searches and Modern Technology?

In State v. Patino, it was held that the search of text messages sent to and received by Patino on his girlfriend's phone did not violate the 4th amendment. By sending messages to his girlfriend, Patino assumed the risk that she–a third party–would share with the police.

When is property “seized” under the Fourth Amendment?

When the government meaningfully interfered with individuals’ possession of property.

What was U.S. v Ganias?

20 months after seizing his computer files the government expanded its investigation to include tax violations. The government was aware that this was not within the scope of the original search warrant. It was held that the retention of personal computer files for 2.5 years was unreasonable and violated his 4th amendment rights

What was the Conventional approach to the 4th amendment?

Argued that the two clauses of the fourth amendment are inseparable

What was the Reasonableness approach to the 4th amendment?

This approach separated the two clauses and reasoned that not all warrantless searches are unreasonable

What was the History of Stop and Frisk?

Historically, police had great discretion to stop and question suspicious persons in public places. Until the 1960s, this practice was virtually unregulated and only arrests triggered some judicial oversight.

In the Modern Approach, what is a “stop”?

It is a brief detention by law enforcement to allow for brief investigation, it is the least intrusive form of “seizure”.

In the Modern Approach, what is a “frisk”?

It is a once-over light pat down of outer clothing to check for weapons that may endanger the officer, it is the least intrusive form of “search of person”

What case established the Modern Approach of Stop and Frisk?

Terry v. Ohio, it was held that the police officer’s limited stop and frisk was reasonable under the circumstances.

What is Reasonable suspicion versus probable cause?

Due to the fact that contact is less intrusive, it does not require probable cause, only reasonable suspicion. Reasonable suspicion gives more discretion to law enforcement than the probable cause standard.

What were stop-and-frisk laws like after Terry?

Terry established that certain limited stop and frisk encounters with police were permissible. The police officer must have reasonable suspicion of criminal activity

What is Voluntary Contact?

Police approach citizens to ask questions without reasonable suspicion. The fourth amendment does not apply

What is Show of Authority?

Police require the citizen to submit to the officer's “show of authority”. This requires reasonable suspicion

What is Actual seizure?

Police physically detain the suspect (e.g., pat down, handcuffs). This requires reasonable suspicion

What is Arrest?

Police take the suspect into custody. This requires probable cause to arrest

What was Adams v. Williams?

An informant told the police that Williams was carrying narcotics and had a gun at his waist. It was held that a police officer can perform a limited stop-and-frisk based on an informant’s tip

What is the definition of Fourth Amendment stops?

It is a stop if there is a brief freeze in time and in space to investigate suspicious persons and places. It is a short, on-the-spot investigation. It should be short duration, police have some leeway to move suspects short distances, and officers tend to ask suspects questions

What are Stop and Identify laws?

21 states have “stop and identify” laws that require a person to provide name and identification

What was Hiibel v. Nevada?

Hiibel was arrested for failing to identify himself to a police officer who was investigating an assault. It was held that Hiibel’s arrest for not telling a police officer his name did not violate his 4th amendment right/

What is the Definition of Reasonable Suspicion?

The totality of articulable facts and circumstances that would lead an officer, in the light of her training and experience, to suspect that crime may be afoot. This is less than probable cause

What are Types of evidence in Reasonable Suspicion?

-Direct observation–which are facts and circumstances learned firsthand

-Hearsay information–which are facts and circumstances learned secondhand from others

What was Alabama v. White?

An anonymous caller told police that White had cocaine in her car, she was then stopped by police. It was held that stop-and-frisk based on an anonymous tip did not violate the 4th amendment because police verified many allegations made by the caller

What was Florida v. J.L.?

Police received an anonymous tip that a black male wearing a plaid shirt was standing near a bus stop, J.L. was there and was frisked and arrested. It was held that stop-and-frisk based on an anonymous tip violated the 4th amendment because the tip provided no predictive information that would establish moderate reliability

What was Navarette v. California?

CHP was called and told that a car ran a vehicle off the road, when the car was pulled over they found marijuana. It was held that the anonymous call provided reasonable suspicion

What is Categorical suspicion?

Consists of suspicion that falls on suspects because they fit into a “category”. This may support reasonable suspicion when individualized suspicion would otherwise be insufficient

What is Individualized suspicion?

Consists of facts and circumstances that point to specific individuals involved in criminal activity

What was Illinois v. Wardlow?

It was held that sudden flight from officers in a high-crime area provides sufficient reasonable suspicion to make a stop

What are the Elements of reasonable frisks?

It is a reasonable search if there is a lawful stop prior to frisk, reasonable suspicion that suspect is armed and dangerous, and limited to once-over-lightly pat down to detect weapons

What is Scope of reasonable frisks?

It is generally limited to light patting of outer clothing only. Sometimes a more intrusive frisk can be justified

What is the Bright-line rule for roadside stop and frisks?

A rule that police officers can always ask drivers to get out of the car during a traffic stop. This reduces the possibility that the driver can make unobserved movements and promotes officer safety. Pennsylvania v. Mimms

Drivers v. Passengers: What was Maryland v. Wilson?

It was held that ordering a passenger in the suspect vehicle to exit the car during a traffic stop did not constitute an unreasonable seizure. An officer may order passengers to step out after lawfully making a traffic stop

Scope of Frisks: What was Arizona v. Johnson?

It was held that a pat down search of a passenger who is consensually conversing with police officers during a traffic stop does not constitute an unreasonable search. An officer may conduct a lawful frisk search for weapons during a lawful stop

Use of drug sniffing dogs: What was Rodriguez v. U.S.?

It was held that the use of a narcotics detention dog after the conclusion of a traffic stop constitutes an unreasonable search because there was no reasonable suspicion of a crime

What is the definition of Roadblocks and Checkpoints?

Roadblocks and checkpoints are general seizures, they are not based on individual suspicion. It is based on categorical suspicion such as drunk driving on highways at night or drug use in certain neighborhoods

What is the three-prong test for roadblocks and checkpoints?

Roadblocks and checkpoints are permissible when (1) gravity of public interest is in seizure, (2) effectiveness of seizure, and (3) degree of interference with liberty.

Drunk Driving: What was Michigan v. Sitz?

It was held that a drunk driving checkpoint was a seizure, but it was not unreasonable so it did not violate the 4th amendment.

Drug Interdiction: What was City of Indianapolis v. Edmond?

It was held that stopping random motorists at the drug interdiction checkpoint constituted unreasonable seizures in violation of the 4th amendment

Emergency Situation: What was Illinois v. Lidster?

It was held that a police checkpoint for hit-and-run information did not constitute an unreasonable seizure under the fourth amendment

What is Detention at international borders?

The government has a strong interest in controlling who and what comes into the United States. This can create substantial reduction in liberty and privacy of the individual entering the U.S.

What are the Requirements for routine stop-and-frisk?

Routine detentions and frisks at international borders do not require reasonable suspicion. This includes examining purses, wallets, pockets, as well as up-close dog sniffs

Requirement for Invasive Detention and Search: What was U.S. v. Montoya de Hernandez?

It was held that the detention of Montoya de Hernandez for four days by customs officials was lawful because they suspected she was attempting to smuggle illegal drugs in her body.

What are Custodial arrests?

When an officer takes into custody and holds a suspect

What are Typical Characteristics of Custodial Arrests?

Suspects told they are under arrest, Suspect placed in a police car and driven to police station, Suspect photographed, booked, fingerprinted, Suspect searched, Suspect locked up in detention, Suspect interrogated by police, Suspect may be placed in lineup, etc.

What are the Requirements for lawful arrest?

(1) Objective basis for arrest, probable cause

(2) Manner of arrest, there has to be reasonable circumstances.