Constitutional Law Case Law Study Sheet

Flashcards covering key U.S. Supreme Court and Wisconsin Supreme Court rulings related to search and seizure, Miranda rights, and law enforcement procedures.

Arizona v. Gant

USSC Rule stating police may only search a vehicle incident to arrest if the driver still has access to the vehicle to reach a weapon, or there is probable cause to believe evidence of the offense of the arrest will be found in the vehicle.

Alabama v. White

USSC Rule that an anonymous tip about criminal activity may start an investigation but requires corroboration by police work to lead to probable cause.

Brower v. County of Inyo

USSC Rule concerning the illegal seizure of a fleeing motorist, such as using squad lights to blind them or placing a semi-trailer around a corner without warning.

Carroll v. United States

USSC rule that upheld warrantless searches of automobiles (Automobile exception) because vehicles are readily mobile unlike buildings; searches are permitted if it is impractical to get a warrant and there is probable cause.

City of Sheboygan v. Cesar

Rule stating that police presence outside a residence does not equal an arrest, especially if the defendant exits the residence voluntarily.

Florida v. JL

USSC Rule finding that reasonable suspicion or probable cause must be substantiated prior to taking action, or the evidence will be suppressed.

Graham v. Conner

USSC Rule that excessive force claims during an arrest or seizure are analyzed under the $4^{th}$ Amendment's "objective reasonableness" standard.

In Re the Interest of Jerrell C. J.

Wisconsin Supreme Court Rule requiring all interviews of juveniles conducted in a place of detention to be recorded or the statements will be suppressed.

Illinois v. Gates

Established the "Totality of the Circumstances" Test; while an anonymous complaint can start an investigation, police must corroborate details to defend their actions.

Mapp v. Ohio

USSC Rule requiring searches to be conducted with warrants granted after a finding of probable cause and applying the exclusionary rule to states through the due process clause of the $14^{th}$ Amendment.

Maryland v. Buie

USSC case allowing for a limited protective sweep of an area for persons or confederates who might attack law enforcement, rather than a search for evidence.

Maryland v. Shatzer

USSC case requiring at least a $2$ week break in custody before law enforcement can re-approach a suspect who has asserted his right to counsel.

Miranda v. Arizona

USSC Rule requiring the notification and waiving of rights prior to an in-custody interrogation.

Minnesota v. Dickerson

USSC Rule extending plain sight to "plain feel," allowing officers to seize contraband discovered during a pat-down as long as they immediately recognize it without manipulation.

Montejo v. Louisiana

USSC Rule stating that if an in-custody person is represented by counsel but has not invoked Miranda, police may read their rights, and a voluntary statement given after a waiver will be admitted.

New York v. Belton

Former USSC Rule allowing the search of a vehicle's interior anytime a person was arrested in it; this rule was later changed by Arizona v. Gant.

J.D.B. v. North Carolina

USSC ruling that age (specifically a $13$ year old boy) is a relevant factor in a Miranda custody analysis to determine if a person feels free to leave.

Riley v. California

USSC decision holding that police cannot search a cell phone under a search incident to arrest theory because of a reasonable expectation of privacy in its contents.

Rodriquez v. United States

USSC case ruling that a traffic stop cannot be extended for any period of time, even slightly, to accommodate a dog sniff of a vehicle without reasonable suspicion.

Taylor v. Alabama / Davis v. Mississippi

USSC Rule finding that if an illegal arrest leads directly to other evidence, such as a confession, that evidence must be suppressed.

Tennessee v. Gardner

USSC Rule prohibiting the seizure of a fleeing felon by shooting them if they present no danger.

Terry v. Ohio

USSC Rule allowing for a Terry Stop and a stop and frisk based on reasonable suspicion and fear that a subject is armed.

Scott v. Harris

USSC Rule protecting officers from liability if they ram a fleeing motorist to stop them when the motorist is endangering innocent citizens.

State v. Carroll

Wisconsin Supreme Court case holding there is an expectation of privacy in cell phone contents, but officers may answer a call if they have probable cause and exigency suggests evidence will be lost.

State v. Colstad

Wisconsin Supreme Court case ruling that a temporary stop is justified by reasonable suspicion that a traffic violation occurred.

State v. Dubose

Wisconsin Supreme Court Rule (later overruled) that show-ups were not allowed for suspects in custody unless only reasonable suspicion existed.

State v. Guy

Wisconsin Case Rule relating to plain touch during a frisk, allowing for the recognition of contraband without manipulation.

State v. Knapp

Wisconsin Supreme Court Rule stating that evidence obtained through an intentional violation of a suspect's Miranda rights will be suppressed.

State v. Roberson

Wisconsin Supreme Court Rule overruling State v. Dubose, stating that a one-photo presentation is acceptable if reliability is established through factors like the witness's opportunity to observe the suspect.

State v. Robinson

Wisconsin Supreme Court Rule stating that if a suspect creates an exigency by reacting to police presence, police can react if they believe they are endangered or evidence may be destroyed.

State v. St. Martin

Wisconsin Supreme Court Rule (shared with Fernandez v. California) stating that if an objecting party is not present at the residence, the party who is present and gives consent allows for a legal police search.

Edward’s Rule

Once a suspect has invoked his/ her Miranda rights to an attorney, they may not be re-
contacted by law enforcement while still in custody

Exclusionary Rule

Court rule stating that evidence illegally seized by police or those acting at police
direction, will be excluded from the trials of those individuals

Fruit of the Poisonous Tree Doctrine

Rule that evidence obtained as a result of illegal police conduct will result in the exclusion of evidence obtained as a direct result

General on the Scene Questioning

This is not a Miranda violation, if an Officer is first starting their investigation or there exists exigent circumstances

Inventory Exception

A exception to the search warrant rules, that allows the police to inventory the
property to prevent the allegations of theft and to safeguard property that has been impounded

Show Ups

(Identification): When police bring a specific suspect back to show a victim. (Only allowed in
Wisconsin if you have reasonable suspicion, not probable cause. New case law has recently come out defining reliability or suggestibility, so in some flux.

Standing

The specific individual(s) who have an expectation of privacy that is reasonable in a protected
area. (ie The standing to object.)