1/29
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court) **police go in house without warrant, find porn and try to arrest her for it
Utah v. Strieff
in order for a search to be legal, it must be based on reasonable suspicion on something specific or the warrant must relate to doing a search`**drugs found on person searched by police even though person only had traffic violation against them
People v. North
don't need warrant if it's not the police searching **house robbed, victims stole stuff back from thieves car without police permission, wasn't considered a search
Chimel v. CA
warrantless search for evidence is NOT ok once people have been arrested if police don't also have a warrant to search **Chimel = burglary suspect, police search his house w/o warrant
Riley v. CA
police can't search phones of arrested people without warrants **phone searched at traffic stop
Terry v. Ohio
pat downs can be done based on reasonable suspicion (not even probably cause) **police officer thinks 3 men are mapping out store to rob it, circling store, officer pats them down without warrant and finds hands guns
Georgia v. Randolph
warrantless search of a place is NOT allowed if a co-occupant says it's ok **police show up to house of divorced couple, wife says search but husband doesn't give consent (police are looking for husbands stuff)
People v. Camacho
doesn't count as plain view if people must go somewhere odd to see through it, **police walk into side yard, see people doing coke through window… they can't use the evidence
People v. Reiss
low expectation of privacy in backyard, police can use what they see there to get a warrant **police got tip someone was growing pot in their yard so they got a warrant to search it by looking though the holes in the fence between the yards of him and his neighbor, see pot, search his house
U.S. v. Ross
you only need probably cause to search all parts of a car, but traffic violations don't count as that **car searched and drugs + drug money found after police pull over car for speeding & driver has been reported by reliable informant
Illinois v. Caballes
you can't make people wait for you to get a sniffer dog but if the dog is already there and alerts police to something then it's fair evidence** man gets written warning for speeding, sniffer dog smells drugs
Florida v. Jardines
you can't bring a sniffer dog to someone's house without a warrant **sniffer dog brought when people sus of drugs in home, drugs found
Wyoming v. Houghton
police may search belonging of all passengers in a car when looking for evidence against driver** car searched when police saw needle on dude
Brendlin v. CA
you ARE detained for purposes of 4th amendment when stopped at traffic stop **car stopped due to expired registration, new registration found to be ok, passenger found to have meth (warrant already out for passengers arrest)
People v. Ray
police can enter home without warrant for "community care taking" (they're not looking for evidence of crime), established police can do a search when protecting people from crimes **ray was transporting 100 lbs of coke which police found after looking in his house because neighbors were concerned about him
N.J. v. T.L.O.
school admin only needs reasonable belief to search students **girls smoke cigarettes in restroom, principal searched girls purse & finds rolling paper
In re William G.
admin needs good reasonable suspicion before they can search **admin finds weed in calc after searching it but that's not reasonable suspicion
Safford Unified School District v. Redding
strip searches not OK at school; can't go further than normal search with just reasonable suspicion **girl has prescription meds and takes them at school even though she is supposed to give them to the office so they can administer them, girl is strip searched
Veronia School v. Acton
upheld random drug testing for athletes, individual can be searched due to reasonable suspicion for whole school **high rates of drug use in school athletes, school decides to random pee tests
B.C. v. Plumas Unified
searches for school must be totally random **bring drug dog into school, girl searched for wanting to go to the bathroom, found drugs
Miranda v. Arizona
arrested people must be read miranda rights before being questioned by police (before giving confession) **Miranda confesses to rape w/o hearing 5th rights
Yarborough v. Alvarado
police don't have to read miranda rights if you're not in custody **boy says something incriminating when not under arrest after being brought to the sation by his mom
Brewer v. Williams
police can't coerce confession out of someone ** Williams killed & kidnapped someone, didn't say anything after being mirandized, spoke in car when police guilt tripped him about girls body getting proper christian burial (they needed the location for that)
Rhode Island v. Innis
confessions made voluntarily with no coercion are okay ** bank robber tells where gun is when police to each other about how dangerous it could be if kids found the gun
Harris v. New York
information gotten against miranda rights can be used if the victim gives up 5th on purpose and decides to testify against self **guy convinced based on what he said before they read the miranda rights bc he got on stand and turned self in
Missouri v. Seibert
need sufficient time between interrogations for people to fix their mindsets, otherwise it's coercion, not a good confession**woman confesses to murder w/o being mirandized, police get tape recorder and ask her to confess again and mirandize her, she confesses again
Lockyer v. Andrade
3 strikes rule in Cali = constitutional **guy gets large punishment for petty theft after having two other strikes against him
Roper v. Simmons
no capital punishment for people under 18
Kennedy v. Louisiana
must take life for death sentence to be ok
Furman v. Georgia
federal guidelines for capital punishment set in place