Courts & Criminal Procedures (CH.3)

Illinois v. Gates

U.S. Supreme Court decision that established the flexible totality of circumstances test for determining the existence of the probable cause needed for obtaining a search warrant

Beck v. Ohio (1964)

United States Supreme Court decision holding that the police arrested the defendant without probable cause, and therefore the evidence found on his person after taking him to the police station were found as part of an unconstitutional search.

Reasonableness clause & Warrant Clause

What are the two basic clauses of the Fourth Amendment?

Government action & Reasonable expectation of privacy

What are the two required elements for an act of looking for evidence to be considered a search within the meaning of the 4th Amendment?

when there is some meaningful interference with an individual's possessory interest in that property.

What constitutes a seizure of property within the meaning of the 4th Amendment?

Occurs when an officer-by means of physical force or show of authority-intentionally restrains an individual's liberty in such a manner that a reasonable person would believe that he or she is not free to leave. (Terry v. Ohio)

What constitutes seizure of a person within the meaning of the 4th Amendment?

Reasonable suspicion.

What justification is required for stop and frisk?

1. Probable cause 2.Reasonable suspicion 3.Administrative Justification

What justification is required to conduct a search or a seizure within the meaning of the 4th Amendment?

California v. Hodari D. (499 U.S. 621 [1991]):

When an officer chases a suspect but does not lay hands on him/her, a seizure does not occur until the suspect submits to police authority.That a seizure does occur the instant a police officer lays hands on a suspect during a chase, even if the suspect is able to break away from the officer's grasp.

seizure does occur the instant a police officer lays hands on a suspect during a chase, even if the suspect is able to break away from the officer's grasp.

When does a police pursuit of a suspect constitute a seizure of the person within the meaning of the 4th Amendment?

Government Action

action on part the part of paid government officials, usually police officers

reasonable expectation of privacy

an expectation of privacy that society is prepared to accept as reasonable.

open field

any unoccupied or undeveloped real property falling outside the curtilage of a home.

search

for 4th amendment purposes, government action that infringes on one's reasonable expectation of privacy

house

in the 4th amendment terms, any structure that a person uses as a residence (or buisness)

papers and effects

in the 4th amendment terms, nearly all personal items

person

in the 4th amendment terms, the individual as a whole

Kyllo v. US (2001)

law enforcement officials cannot examine a home with a thermal-imaging device unless they obtain a warrant

Seizure of people

occurs when a police officer-by means of physical force or show of authority- intentionally restrains an individuals liberty in such a manner that a reasonable person would believe that he or she is not free to leave

Seizure of property

occurs when there is some meaningful interference with an individual's possessory interest in that property by the government.

seizure

one of two government actions restricted by the 4th amendment.

U.S. v. Jacobsen (1984)

the agents viewing area of what a private party had freely made available for his inspection did not violate the 4th amendment

curtilage

the area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life"

US v. Knotts (1983)

was a United States Supreme Court case regarding the use of an electronic surveillance device. The defendants argued that the use of this device was a Fourth Amendment violation. The device in question was described as a beeper that could only be tracked from a short distance.

US v. Jones (2012)

was a United States Supreme Court case which held that installing a Global Positioning System tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment. Wikipedia

US v. Place (1983)

was a decision by the Supreme Court of the United States which held that a sniff of luggage in a public place, by a police dog specially trained to detect the odor of narcotics, was not a "search" under the meaning of the Fourth Amendment to the United States Constitution. Wikipedia

Terry v. Ohio (1968)

was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a cri me and has a reasonable belief that the person "may be armed and presently dangerous."

1. Probable cause 2. Reasonable suspicion - stop & frisk 3.Administrative searches

what justification is required for police to engage in certain types of activities?

Camara vs. Municipal court

-Camara in apartment, FIREMAN come to conduct a routine inspections, Camara says "do you have a warrant?" fireman doesn't and says "i've never got asked before" -Can he insist a warrant? -Camara files lawsuit with the court that gives warrants goes to supreme court, the decide: dealing with a residence, people have greatest expectation of privacy, Camara was well within his rights BUT he did not want to consent

Burdeau v. McDowell (1921)

Applicability of the 4th amendment to searches or seizures carried out by private citizens

Coolidge v. New Hampshire (1971)

Court stated that if a private person "wholly on his own initiative" turns over evidence to authorities, "there can be no doubt under existing law that the articles would later be admissible in evidence"

Hoffa v. US (1966)

Defendant did not have a 4th amendment expectation of privacy in the incriminating secrets about him bribing a jury member he told to an informant.

Oliver v. US (1984)

Define open fields doctrine - not protected Curtilage - small area around house

Alabama v. White (1990)

Reasonable suspicion is a less demanding standard than probable cause. It can be established with information different in quantity or content from that required to establish probable cause.

Katz v US (1967)

Regardless of the location, a conversation is protected from unreasonable search and seizure under the Fourth Amendment if it is made with a "reasonable expectation of privacy."

Terry v. Ohio, 392 U.S. 1 (1968)

Stop and Frisk or Terry Frisk. Police have the right to stop a person without probable cause as long as there is reasonable suspicion that the person has or is about to commit a crime. Frisk is allowed is officers safety is jeopardized.

California v. Greenwood (1988)

Supreme Court ruled that a 4th amendment search and seizure (1) citizen manifested subjective expectation of privacy and (2) the expectation of privacy is one that society (eye of court) is willing to accept as objectively reasonable

Walter v. U.S. (1980)

The Court ruled that a "wrongful search and seizure conducted by a private party does not violate the 4th Amendment & does not deprive the government of the right to use evidence that it has acquired (from the 3rd party) lawfully"