crim pro 4th amendment

writ of assistance

issued to colonial agents to look for individuals who were not compliant with the stamp act

stamp act

taxes on anything sent in the mail

smugglers

people violating the stamp act were usually \__________

seditious libel

printed information that spoke against the crown

no

did the homeowner have to be home for the officers to search the house during the stamp act?

yes

if the officers searching the house for seditious libel found something that was not seditious libel, but illegal anyway, could they take it?

on-duty police officers, sheriff's deputies, public school (and university) teachers, and other government entities

who does the 4th amendment place restraints on?

no

does the 4th amendment constrain confidential informants?

reasonableness clause

who or what is protected (newborns to death)

internal and external

what qualifies at "persons" under the 4th?

temporary and long-term housing. no motor vehicles

what qualifies as "houses" under the 4th?

medical records, taxes, etc

what qualifies as "papers and effects" under the 4th?

warrant clause

clause to obtain a warrant

probable cause, oath, or affirmation

requirements of the warrant clause

particularly and specifically describing a place or person/things

form of the warrant clause

probable cause

"person of reasonable caution." facts and circumstances that would lead an ordinary person to believe that someone else is doing something illegal

with a warrant

when is probable cause determined by a judge?

without a warrant

when is PC determined by a police officer?

traffic violations or a stop and frisk

when do searches only require RS

search

finding evidence to be used in a prosecution

seizure

when the government takes control

Olmstead v. US (1928)

case that decided that you have to have probable cause and a warrant to apply the 4th, the 4th only applies to "constitutionally protected areas" (not the public), and that the 4th only covers physical intrusions by the police

Goldman v. US

case where police used a detectaphone to get PC

Silverman v. US

case where the police drilled a wall to listen in

Katz v US

case that set the standard for determining if the 4th is violated, that the 4th applies to "people, not places," and that there is a two-fold standard for determining if the 4th is violated

Subjective determination

the person has a "reasonable expectation of privacy"

objective determination

society has to accept the expectation of privacy in that area as reasonable

probable cause, oath or affirmation, description of person place or things, and the signature of a judge

requirements of a warrant

time frame, knock and announce, scope, and time limit

execution requirements of a warrant

danger to officer, evidence destruction, threat of bodily harm within, or the commission of a crime

exceptions to the “knock and announce” requirement of a warrant

scope

has to be reasonable in terms of object or search

time limit

the search takes as long as it takes, but the officers must not engage in any fishing expeditions

reasonable suspicion

what degree of suspicion is required for a stop and frisk

yes

if a police have PC and can justify that, can they conduct a warrantless search? (yes/no)

incident to a lawful arrest

when does a search require no PC, RS, or any standard at all?

to ensure officer safety, to prevent escape, and to prevent evidence destruction

why do searches occur incident to a lawful arrest?

wingspan

after an arrest, an officer can search the area within the offender's \___________

trunk

when police arrest you outside of your car, what is the only place they are not allowed to search?

no

do consent searches require PC, RS, or any standard at all? (yes/no)

yes

can you say no to a consent search? (yes/no)

when police cannot justify a legal serach

why/when do consent searches happen?

prove voluntariness and that the suspect was aware of the consequences

if a consent search is challenged in court (which it will be), what must the police do?

yes

are consent searches still valid even if the suspect was intoxicated? (yes/no)

third party consent

mutual use of the property (joint access) OR control for most purposes of the property

shared areas of the house but not areas specific to the other person

what can spouses give police consent to searching?

any belongings of the minor, unless they are 18

what can parents give police consent to searching when it comes to their child?

never, regardless of age

when can a child (minor) give consent?

common areas, but not your room or personal spaces

what can roommates give police consent to searching?

no

can the landlord give the police permission to come into and search your apartment?

no

can college administrators give police permission to come into and search your dorm room?

locker, inside of desk, and any other school property

what can high school administrators give police consent to searching when it comes to a student?

danger to officer/others, destruction of evidence, hot pursuit, danger to a third person, or a DUI/DWI

what are the emergency (exigent) circumstances where no standard is needed for a search?

special needs searches

not police searches, but public agencies fulfilling an enforcement function

if the school has reasonable grounds to believe that the student is violating rules or laws

when can the school conduct a special needs search?

reasonable grounds

what is the degree of suspicion required to search the home of a probationer/parolee?

no

is there a standard needed for airport searches?

it is a public safety exception

why do airport searches require no standard?

after lawful arrest

when do body searches occur?

no

do you need a warrant to conduct exterior body searches/ gain exterior evidence?

yes

do you need a warrant to conduct interior body searches/ gather interior evidence?

border patrol cases (only PC needed)

when is the ONLY time a warrant is not necessary to gather interior body evidence?

vehicle searches

where do police gather most of their evidence?

automobile exception

An exception to the warrant requirement holding that police do not need warrants to search automobiles, just probable cause.

the mobility of vehicles and the lesser expectation of privacy

why do we have the automobile exception?

reasonable suspicion of illegal activity

to stop your car, police must have \________________

checks of license and registration, etc.

when may police stop your car for random reasons?

yes

once stopped, can police order the driver and passengers out the car?

yes

once stopped, may police ask for your license and registration?

no

once stopped, do police have to read you your miranda warnings before asking incriminating questions?

yes

once stopped, can the police require you to conduct a sobriety test?

yes

once stopped, can police check for the VIN (vehicle registration number)?

probable cause

once stopped, what degree of suspicion is required for a police officer to search the passenger compartment, containers, and trunk if they believe contraband is in there?

a weapon is in there

once stopped, only RS is required for police to search the passenger compartment if they believe \________

plain view

once stopped, police may seize items immediately if they are in \__________

probable cause

once stopped, police may make an arrest if what develops?

plain view

incriminating evidence within the officer's sight

CA v. Greenwood

case where trash was left at the end of the driveway, and even though it was technically still on his property, he intended to give it to a third person, so it was considered abandoned

open fields doctrine

any place outside home or curtilage

Title III of the Omnibus Crime Control and Safe Streets Act

what ordinary criminal cases are governed by

1. PC that a particular individual is involved
2. PC to believe that evidence will be produced
3. place tapped is linked to a suspected person
4. normal procedures have failed or are too dangerous

what are the 4 requirements for a court to authorize a wiretap?

Foreign Intelligence Surveillance Act (FISA)

federal statute that regulates surveillance issues regarding espionage and international terrorism

US v. Jones

case that dealt with the tracker on the bottom of the car

exclusionary rule

when evidence obtained in violation of the 4th is inadmissible in a prosecution

to deter police misconduct

what is the primary purpose of the exclusionary rule?

no

is the exclusionary rule found in the 4th?

silver platter doctrine

permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases

Wolf v. Colorado

case that asks to apply the exclusionary rule to the states

Mapp v Ohio

case that said that the exclusionary rule finally applies to the states

illegally seized evidence and fruit of the poisonous tree

because of the exclusionary rule, these two things are inadmissable

good faith exception, inevitable discovery, purged taint, private searches, civil cases, and granny jury proceedings & sentencings

when is illegally seized evidence admissible? (6 instances)

dead bodies

inevitable discovery usually only works with \_________

purged taint

permits improperly obtained evidence when a subsequent event removes the "taint" of the constitutional violation that led to the discovery of the evidence.

taint

initial evidence that had been thrown out

RS

what is the standard of suspicion an officer must have to stop?

if the inquiries do not dispel the fear of the officer

when is an officer allowed to frisk?

weapon

when frisking, the officer is patting down the outer clothing in search of a \_______

no longer than necessary

how long should the scope and duration of a stop and frisk be?

yes

if police are frisking and feel contraband that is immediately apparent, may they seize it?

seizure

arrests are a form of \________

custody

when you are unable to leave the police, you are under \________