Criminal Procedure: Exam 2

Vehicle inventory searches: -Immediately after an arrest --(1) police must follow standardized procedures (to eliminate their uncontrolled discretion to determine the scope of the search) and (2) there must be no bad faith on the part of the police (in other words, the inventory search must not be used as an excuse for a warrantless search) -Vehicles impounded by police --May conduct routine inventory search w/o a warrant or probable cause to believe that the car contains seizable evidence Need to follow standard police procedures

*

Valid Search Warrant: 1) Probable cause for Searches and seizures: (1) whether the property to be seized is connected w/ criminal activity and (2) whether it can be found in the place to be searched 2) A supporting oath or statement: (1) Warrants based on oral statements- Warrant may be issued based on an oral statement either in person or by telephone, usually recorded, and becomes the basis for a probable cause determination, (2) Anticipatory search warrant- Warrant based on probable cause and on expectation that seizable items will be found at a certain place, and (3) need for fresh information- Warrant must be based on fresh information, not stale 3) A description of the place to be searched and persons or things to be seized 4)The signature of the magistrate: Must be neutral and detached -7 Exceptions for Search Warrants: searches w/ consent exception, search incident to lawful arrest exception, exigent circumstances exception, special needs exception, administrative searches and inspections exception, stop and frisk exceptions, and motor vehicle exceptions -searches with consent exception - 3 limits - The consent must be voluntary, The search must stay within its allowable scope, The person must have the authority to give consent

*

Stop and Frisk -What begins as a stop and frisk can quickly turn into an arrest if subsequent developments lead the police to conclude that probable cause has been established -Come under the _____ Amendment but are not subject to the same constitutional requirements as arrests, searches, or seizures and follow different rules -Need reasonable suspicion and not probable cause to conduct this The Stop -Two requirements must be met to satisfy the guidelines for a valid stop: --Circumstances. The police officer must observe unusual conduct that leads him or her reasonably to conclude, in the light of his or her experience, that: (1) criminal activity is about to take place or has taken place, and (2) the person with whom he or she is dealing may be armed and presently dangerous --Initial police action. In the course of investigating such behavior, the officer must: (1) identify himself or herself as a police officer, and (2) make reasonable inquiries The Frisk. - If the two preceding requirements are satisfied, the officer, for his or her own protection and that of others in the area, may conduct a carefully limited search (called a pat-down) of the outer clothing of the person, in an attempt to discover weapons that might be used to assault the officer --Steps to follow are (1) observe, (2) approach and identify, and (3) ask questions --If answers do not dispel the officers' concern for safety, they then follow this procedure: (1) conduct a pat-down of the outer clothing, (2) if a weapon is felt, confiscate it and arrest the suspect (optional), and (3) conduct a full body search after the arrest (optional)

4th

Amendments: -______- no unreasonable searches and seizures (arrests) -______- protection against self-incrimination, double jeopardy, Miranda warning, due process -______- right to counsel, speedy trial, public trial, confront accuser -______- no cruel and unusual punishment, fair bail -______- Due Process, equal protection under the law -________ _________- issue of whether the Bill of Rights protects the public only against violations of rights by federal officials or whether it also protects against violations of rights by state officials; protects rights from being manipulated -_______ ________- only those rights considered fundament should be applied to the states; doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens -_______ _______- all the rights in the Bill of Rights should be held as applying to the states -______ ________ _____- in addition to applying all the provisions of the Bill of Rights to the States, other rights ought to be added such as the right to clean air, clean water, and a clean environment -_____-___-______ _______- examines the facts of a specific case to determine whether there is an injustice so serious as to justify extending the provisions of the Bill of Rights to this particular case -_____ ______- to the urgent and direct pursuit of a criminal suspect by law enforcement officers, or by belligerents under international rules of engagement for military forces. Such a situation grants the officers in command powers they otherwise would not have

4th, 5th, 6th, 8th, 14th, incorporation controversy, selective incorporation, total incorporation, total incorporation plus, case-by-case incorporation, hot pursuit

Chapter 7 Summary: -The _____ Amendment and the right to _____ are the two constitutional rights limiting the powers of the police in search and seizure cases. -A reasonable expectation of privacy exists when these two requirements are present: (1) the person must have exhibited an actual expectation of privacy, and (2) the expectation must be one that society is prepared to recognize as reasonable. -There are two kinds of seizures: with a warrant (the rule) and without a warrant (the exception). -Some types of searches do not need a ______. These are searches incident to a lawful arrest, searches with consent, searches under exigent circumstances, and searches in hot pursuit of dangerous suspects. -Two non-police searches do not need a warrant: special needs and administrative searches. -Reasonableness governs the scope of a search. -In search cases, it is useful for officers to remember this rule: Do not search for an elephant in a matchbox. -When making an arrest, the police may search the area of immediate control. -Drug testing elementary and high school students taking part in athletics and other school programs is valid. -Searches and seizures of computers, e-mails, and related devices and data are governed by the Fourth Amendment, but case law and statutes are still evolving.

4th, privacy, warrant

-searches and seizures are two different legal processes -privacy enjoys constitutional protection when there is a reasonable expectation of privacy -reasonable expectation of privacy found in the _____ Amendment -seizure is the use of the power of the govt. to take a person or thing into custody using coercive force if needed b/c of a violation of the criminal law -_____ of a search- boundaries can stay within for it to remain legal, based on reasonableness -search for contraband, fruits of a crime, instruments of crime -mere evidence of a crime- things for which there is probable cause to believe that a particular person committed a particular crime (blood spatter on shoes) -reasonableness decided by stare decisis -> precedent, what a common person would recognize -time allowed to complete search- reasonable time and place limited by police affidavit -different types of warrants Exceptions to warrant: -search incidental to a lawful arrest, stop and frisk procedures, probable cause or inventory search of automobiles, hot pursuit, consent searches -_______ _______ v. _______- Warrantless routine inventory searches of automobiles impounded or otherwise in lawful police custody, pursuant to standard police procedures, are reasonable and not prohibited by the Fourth Amendment.

4th, scope, South Dakota v. Opperman

-About ____% of all arrests are made w/o a warrant -Don't need warrant for Felonies committed in the presence of officers, misdemeanors committed in the presence of officers, crimes committed in public places, when exigent circumstances are present, when there is danger to the officer, entering a home without a warrant (especially when occupant is seriously injured or imminently threatened with such injury) What police an do after an arrest: -Police can search the arrestee, including a strip search, upon admittance to a detention facility -Police can search the area of immediate control -Police can search the passenger compartment of a motor vehicle -Police can use handcuffs -Police can monitor the arrestee's movements -Police can search the arrestee at the place of detention -Police can collect a DNA sample from the arrestee What police can not do during an arrest -Police cannot enter a third-party residence, except in exigent circumstances; police cannot conduct a warrantless sweep; police cannot invite the media to ride along -Knock-and-announce is required by the constitution, but with exceptions (Threat of danger, contraband that may be destroyed, within premises are in imminent peril of bodily harm, escaping, process of committing the crime) How long must the police wait before entering? -_____-second wait reasonable

95, 20

Search Incidental to a Lawful Arrest -police officers authorized to search w/o a warrant of any person who has been lawfully arrested -general limitations on police on what a lawful arrest is - any search made during an unlawful arrest would be protected by the 4th Amendment and found unreasonable -> tainted evidence which is fruit of the poisonous tree -police officers can arrest a person w/o a warrant when a felony or misdemeanor is carried out in a officer's presence -> most cases -more forgiveness from the court on felonies than misdemeanors, govt. give more leeway for those arresting for felonies -limitations on the scope of criminal investigation determined by case law and stare decisis _______ Circumstances -provide exception to warrant requirement; emergency circumstances that would make obtaining a warrant irrational -harm done or will be done to an officer (physical safety), destroying evidence, hot pursuit of a fleeing felon especially if dangerous, danger to public of other officers, intoxicated motor vehicle operator -contemporaneous search- search at the time of or immediately after an arrest; cannot wait an unreasonable amount of time before you make or waiting for someone to come in and conduct the search -> searches cannot be unreasonably delayed

Exigent

Chapter 7 Cases: -_______ v. _________- 1967 a search is not limited to homes, offices, buildings, or other enclosed places; rather, it can occur in any place where a person has a reasonable expectation of privacy, even if the place is in a public area -______ v. ________- 1969 once a lawful arrest has been made, the police may search anywhere within the suspect's area of immediate control, meaning the area from which the suspect may grab a weapon or destroy evidence -_________ v. ________- 1987 the validity of a warrant must be judged in light of the "information available to the officers at the time they obtained the warrant" -_______ v. _________- 2006 a police search without a warrant is unconstitutional if one occupant consents to a search and the other refuses to give consent -________ _______ _______ _______ v. ________- 2009 the warrantless search of a thirteen-year-old student's underwear without reasonable suspicion of school rules violation is unconstitutional

Katz v. US, Chimel v. California, Maryland v. Garrison, Georgia v. Randolph, Safford Unified School District v. Redding

-______ v. _____- 2001 crossed ideological lines that the use of a thermal imaging, or FLIR, device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant. -______ v. ______- 1985 was a United States Supreme Court criminal law case holding that a three-day delay in searching a motor vehicle under government control did not violate the Fourth Amendment to the United States Constitution. -did not clarify facts and plain smell and touch still not settled law - still being challenged -______ v. _____- 1968 if a police officer is lawfully at a location and sees contraband, he or she may seize it without a warrant; Holding seizure of evidence in 'plain view' reasonable under Fourth Amendment -______ v. ____- 1990 The Fourth Amendment does not prohibit the warrantless seizure of evidence in plain view even though the discovery of the evidence was not inadvertent. Although inadvertence is a characteristic of most legitimate plain-view seizures, it is not a necessary condition. -______ v. ______- was a United States Supreme Court case in which the Court held that police may not stop motorists without any reasonable suspicion to suspect crime or illegal activity to check their driver's license and auto registration -______ v. ______- 1983 "Plain View Doctrine". For Doctrine to apply, not only must the officer be legitimately in a position to view the object, but also it must be "immediately apparent" to the police that they have evidence before them

Kyllo v. US, US v. Johns, Harris v. US, Horton v. CA, Delaware v. Prouse, Texas v. Brown

-_______ v. ______- The Fourth Amendment permits a properly limited protective sweep in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene. Court of Appeals of Maryland vacated and remanded. -an arrest is a serious intrusion into an individuals freedom and balanced by criminal procedures that protect the suspect during pre-arrest investigations, actual arrest, and post-arrest investigations -basic fundamentals of criminal procedure takes time to gather significant and valid information including lineups -police affidavit- probable cause needs to be est. to get a warrant -want them for one crime, arrest for a different one so they can hold suspect and build case on the other crime -_____ v. ______- Police went to Santana's house to arrest her on probable cause. They observed her in the doorway of her residence. the "doorway" of her residence is considered a public place as far as the fourth amendment is concerned. Santana ran back into her residence. The officers gave chase and caught her inside the residence. The officers were "in hot pursuit" of Santana and, therefore, the arrest was lawful. Since the arrest was lawful, so was the subsequent search incident to arrest. This case established that the "hot pursuit" of a wanted felony suspect from a public place into his or her residence to make a warrantless arrest is justified.

Maryland v. Buie, US v. Santana

-Under exigent circumstances and where there is a need to preserve evidence until a warrant can be obtained, the police may temporarily restrain a suspect's movements w/o violating his or her 4th amendment right What governs police use of force?: -(1) the Constitution, particularly the due process clause of the 14th Amendment; (2) state law, Penal Code or Code of Criminal Procedure; (3) judicial decisions; and (4) departmental or agency rules -______ limiting rule binds the police officer -__________ is the standard by which police use of force is judged -Use of nondeadly force: May be used as long as it is reasonable force; cannot be punitive force -Deadly force in felony cases: It is constitutionally reasonable for a police officer to use deadly force if the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others -Deadly force in misdemeanor cases: Never use deadly force, except if absolutely necessary for self-defense or the defense of the life of a third person -Search and seizure are two ______ acts. One usually follows the other or is often the result of the other. This means that a search can result in a seizure, and seizure is often the result of a search. -Privacy enjoys constitutional protection when there is a reasonable expectation of privacy

More, reasonableness, separate

-______ v. ______- Open fields cannot support a reasonable expectation of privacy and are thus not protected by the Fourth Amendment. -don't need same level of probable cause to search abandoned property -_______ v. ________- The Fourth Amendment does not prohibit the warrantless search and seizure of waste left for collection outside the curtilage of a home. California Court of Appeal reversed. -_______ v. ______- The Fourth Amendment's protection from unreasonable search and seizure extends to any area where a person has a "reasonable expectation of privacy." -_____ ______ _____ v. ________- Strip searches involving the visual inspection of the anal and genital areas is demeaning, dehumanizing, undignified, humiliating, terrifying, unpleasant, embarrassing, repulsive, signifying degradation and submission. In short, the court can think of few exercises of authority by the state that intrude on the citizen's privacy and dignity as severely as the visual anal and genital searches

Oliver v. US, California v. Greenwood, Katz v. US, Mary Beth G. v. Chicago

Chapter 6 Cases: -________ v. _______- 1985 it is constitutionally reasonable for a police officer to use deadly force only when the officer has probable cause to believe that the suspect poses a threat of serious physical harm to the officer or others -________ v. ________- 1995 the knock-and-announce rule is part of the Fourth Amendment's requirement that searches and seizures be reasonable, but that rule is not rigid and is subject to exceptions base don law enforcement interests -_______ v. _______ _____ _______ ______- 2001 an arrest for an offense not punishable with jail or prison time is constitutional -______ ______, ______ v. _______- 2006 police may enter a home and make an arrest without a warrant if they have objectively reasonable basis for believing that an occupant is seriously injured or immediately threatened with such injury

Tennesse v. Garner, Wilson v. Arkansas, Atwater v. City of Lago Vista, Brigham City, Utah v. Stuart

Chapter 5 Cases: -_______ v. _______- 1968 the police have the authority to stop a person without probable cause, so long as there is reasonable suspicion to believe that the person has committed a crime or is about to commit a crime. the person may be frisked if there is reasonable concern for officer safety -_______ v. _______- 1983 although the initial stop and questioning of a suspect who fit a drug courier profile was valid, the subsequent conduct of the police was more intrusive than necessary to carry out the limited investigation permitted under stop and frisk -_________ v. ________- 1993 a frisk that goes beyond that allowed in Terry v. Ohio in stop and frisk cases is invalid. In this case, the search went beyond the pat down search allowed by Terry because the officer "squeezed, slid, and otherwise manipulated the packet's content" before knowing it was cocaine -_________ v. _______- 1997 a police officer may order the driver of a vehicle to exit the vehicle after a routine stop even if the officer has no reasonable suspicion that the driver poses a threat to the officer's safety -________ v. _______- 2000 presence in a high-crime area, combined with unprovoked flight upon observing police officers, gives officers sufficient grounds to investigate to further determine if criminal activity is about to take place

Terry v. Ohio, Florida v. Royer, Minnesota v. Dickerson, Pennsylvania v. Mimms, Illinois v. Wardlow

Chapter 5: -______ ______- not defined with precision by the Court, but is a less demanding standard than probable cause -______- detaining a person briefly so the officer can ask questions -______ ______- any police-initiated action that relies on race, ethnicity, or the national origin of an individual instead of on individual acts or behavior -_____ _____ _____- a set of identifiers developed by law enforcement agencies describing the types of individuals who are likely to transport drugs -______- a pat-down for weapons -_____ _____ _____- if an officer feels what he or she believes is a weapon, contraband, or evidence, the officer may expand the search or seize the object -______ ______- an act to see if some type of usable evidence can be found on the suspect -_______ _______- detention takes place at the police station and is used for obtaining fingerprints, photographs, conducting police lineups, or securing identification or other types of evidence

reasonable suspicion, stop, racial profiling, drug courier profile, frisk, plain touch doctrine, fishing expedition, stationhouse detention

-_____ v. _______- honolulu airport warrant-less search and seizure by DEA 1060 grams of cocaine; Paid 2100 dollars for 2 tickets with 20 dollar bills; name didn't match phone registry; 48 hour transit to Miami; nervous during flight; no checked luggage; 1.Police can briefly detain someone if they have reasonable suspicion. 2. Reasonable suspicion is more than a hunch but less than probable cause. -______ v. _____- was a unanimous United States Supreme Court decision that "declared that any traffic offense committed by a driver was a legitimate legal basis for a stop" -_______ v. ______- Absent reasonable suspicion, officers may not extend the length of a traffic stop to conduct a dog sniff -_______ ______ v. _______- suspect's refusal to submit to a blood-alcohol test may be admitted as evidence of guilt at trial. -______ _____ v. _____ _____ ______- The detention of a traveler at the border, beyond the scope of a routine customs search and inspection, is justified at its inception if customs agents, considering all the facts surrounding the traveler and her trip, reasonably suspect that the traveler is smuggling contraband in her alimentary canal; here, the facts, and their rational inferences, known to the customs officials clearly supported a reasonable suspicion that respondent was an alimentary canal smuggler.

U.S. v Sokolow, Wren v. US, Rodriguez v. US, South Dakota v. Neville, United States v. Montoya De Hernandez

Searches w/o a Warrant -consent searches - can be legal w/o warrant -> procedures to follow: one of the major forms of searches that happen -a waiver of 4th amendment rights in which you can take back -give up your rights, police do not have to show beyond a reasonable doubt to search or seize someone or thing -search doctrines there are # of legal issues w/ who can give consent to search and what they can consent to -give consent: person cannot consent to a search that is not free and voluntary, police cannot coerce a person to gain consent to search -_____ v. ______-______- The Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment, and the stops and questioning may be made at reasonably located checkpoints in the absence of any individualized suspicion that the particular vehicle contains illegal aliens. -police officer not required to tell a person that police do not have enough legal/factual capacity to give consent -person giving consent has to be the person who has _____ _______ -police need to be careful w/ consent searches -4th Amendment only applies to government searches, not private individuals

US v. Martinez-Fuerte, legal jurisdiction

-car pursuits- about 250 killed each year and 20,000 injured -______ v. _______- 1949 was a United States Supreme Court case in which the Court held 6—3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures -______ v. _______- 1991 chases are not seizures and when one tries to toss evidence during one, it can be used as probable cause to arrest or search someone -______ v. _______- Police, in a search extending only to a container within an automobile, may search the container without a warrant where they have probable cause to believe that it holds contraband or evidence -______ ______ v. ____- 1990 Michigan State Police highway sobriety checkpoint program is consistent with the Fourth Amendment. -______ v. _____ ______- 1968 was a U.S. Supreme Court case in which a search was struck down as illegal because the police falsely claimed they had a search warrant. This was tantamount to telling the subject that she had no choice but to consent. -_______ v. ________- 1973 Consent searches are constitutional, and the government must show that consent existed. However, a defendant, under the Fourth Amendment, need not necessarily know of his right to object to a consent search. This differentiates the case from Miranda v. Arizona, where the Court held that a defendant must know of his/her rights against self-incrimination in the course of a custodial interrogation. -______ v. ______- 1991 A search of a passenger on a bus is not unreasonable simply because the search takes place on a bus. The search is reasonable if, under all the circumstances, the suspect felt free to decline the officers' request for a search and leave the scene.

Wolf v. Colorado, California v. Hodari, California v. Acevedo, State Police v. Sitz, Bumper v. North Carolina, Schneckloth v. Bustamonte, Florida v. Bostick

-_____ v. _______- A police officer can conduct a search incident to arrest that can go beyond just a pat frisk. The search is also not restricted by the nature of the offense. In this case, the defendant was arrested for driving with a revoked license. The officer searched a cigarette pack and found heroine. -______ v. ______- is a landmark United States Supreme Court case in which the Court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional -________ v. _______- 1) The forced extraction and analysis of a blood sample is not compelled testimony and therefore does not violate the Fifth Amendment Right against self-incrimination, 2) Intrusions into the human body require a warrant, 3)Here, the warrantless blood test was permissible under the exigent circumstances exception to prevent the destruction of alcohol in the blood stream through the body's natural metabolic processes -______ v. _______- In view of the station house detention upon probable cause, the very limited intrusion undertaken to preserve highly evanescent evidence was not violative of the Fourth and Fourteenth Amendments. - fingernail scrapings -______ _____ ______- is enforced throughout the United States. According to this law, by driving a vehicle you have agreed to submit to chemical tests of your breath, blood, or urine to determine alcohol or drug content, if asked to do so by a law enforcement officer. -_____ _____- an officer pulls over a motorist for a minor traffic or equipment violation and then uses the stop to investigate a more serious crime

US v. Robinson, Riley v. CA, Schmerber v. CA, Cupp v. Murphy, implied consent laws, pretext stop

-custody need to do the Miranda warnings -investigative detention- custody and investigated to see their relationship to crime -consent searches- waive rights to search, can revoke consent -keep integrity of evidence by reading rights and following procedures -mirandize and if have time get a warrant -search warrant issued need probable cause -______ v. _______- was a case decided by the Supreme Court of the United States that held that a criminal defendant has a Sixth Amendment right to counsel at a lineup held after indictment -______ ______- when an accused is said to be restraint from moving freely or being watched and guarded to prevent from escaping -burden proving police had probable cause going to fall on a rational or reasonable person would believe in the same situation -consent searches burden of proof falls on prosecutors side -inventory search done when cars impounded - protect against frivolous lawsuits -facts sufficient to est. probable cause to believe a particular person committed a specific act and done in a manner that it did not violate a person's rights -arrest- physical seizure of a person w/ the intention of accusing them of a criminal activity -____ ______ _______- occurs when an officer takes unreasonable or unnecessary actions during an investigative detention; held in custody and not free to go

US v. Wade, constructive arrest, de facto arrest

Stop and Frisk Application to Weapons in a car: -The stop of a car based on reasonable suspicion can justify a search of the vehicle. Search limited to areas in the passenger compartment where a weapon might be found of hidden Stop and Frisk Application to residence: -The police can conduct a protective sweep of a residence after an in-house arrest of a suspect -seizures of persons are _________ -Not seizures: police asking question of people on the street to gather general information, police asking a driver to get out of a car during a routine traffic stop, police boarding a bus and asking questions of the passengers that a person is free to refuse to answer, the police driving alongside a person "to see where he was going" and asking questions of witness to a crime -Other seizures are stop and frisk, border searches, and roadblocks - lesser forms of intrusion than arrest -Term seizure is broader than the term _______ -More severe the intrusion, the greater the protection given by the courts -Seizure occurred is whether a ________ person, viewing the particular police conduct as a whole and within the setting of all the surrounding circumstances, would have concluded that the police has in some way restrained a person's liberty so that he or she was not free to leave

arrests, arrest, reasonable

-Reasonable suspicion is less demanding standard than probable cause -reasonable suspicion can be established with information that is different in quantity or content form that required to establish probable cause -reasonable suspicion can arise from information that is less reliable than that required to show probable cause -To justify a ____, reasonable suspicion must be grounded on specific, objective facts and logical conclusions based on the officer's experience -stop and frisk is not a violation of the Constitution -stop and frisk are two separate acts -meaning of law changes over time -_____ v. ______- 1982 "Police officers who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed somewhere within it may conduct a warrantless search of the vehicle that is as thorough as a magistrate could authorize by warrant." This includes searching containers found within the vehicle. Car Pursuits -controversial: important to pursue cars but need to keep safety of the public -estimated 250 killed and 200,000 injured as a result of high speed police pursuits

stop, US v Ross

-If the stop is longer than necessary under the circumstances to achieve its original purpose it becomes an ______ -An anonymous tip, corroborated by independent police work, may provide reasonable suspicion to make an investigatory stop if it carries sufficient indicia of reliability Is information based on a flyer form another jurisdiction enough for a stop?: -Police may stop a suspect on the basis of reasonable suspicion that the person is wanted for investigation in another jurisdiction Are stops based on a drug courier profile alone valid?: -Profiles are helpful in identifying people who are likely to commit crimes, but a drug courier profile alone does not justify a Terry-type stop. The facts taken in totality, must amount to a reasonable suspicion Are stops of parolees without suspicion valid?: -Stops and searches without suspicion of parolees are _____ -Parolee does not have a reasonable expectation of privacy - still in the legal custody of the Department of Corrections until the conclusion of their sentence Are airport stops and searches valid?: -Easy to justify and valid--need to ensure safety of travelers--unless the measures used are overly intrusive for the purpose such stops and searches are aimed to achieve - "special needs search"

arrest, valid

-No requirement that a vehicle search occur immediately as part of the vehicle inspection or soon thereafter; a three-day delay before making the search is permissible -The search still must be done within a reasonable time, but the burden of proving unreasonableness is on the defendant -Warrantless searches when there is time to obtain a warrant ____ still do -Probable cause to search vehicle when first stopped on the highway so continues after being towed to police station and searched there; probable cause justified a later search w/o a warrant -Warrantless seizures of vehicles found in public place; can do Immigration and border searches of vehicles: -The 4th Amendment protection against unreasonable searches and seizures does not apply in immigration and border searches, particularly of motor vehicles -There is no need for reasonable suspicion or probable cause for government agents to be able to stop, search, and seize -Scope of border searches is also much more extensive than in non border searches Other valid car searches: -Accident cases, cases in which the vehicle itself has been the subject of crime, cases in which the vehicle is believed abandoned

can

Chapter 8 Summary: -Regarding the law on vehicle stops, the following guidelines apply: --There is no need for a warrant or probable cause to legally stop a motor vehicle, but there must be reasonable suspicion of involvement in criminal activity. --Reasonable suspicion is determined by the totality of __________. -After a valid stop, an officer may legally do the following things: --Order the driver and passengers to get out of the vehicle. --Ask the driver to produce a driver's license and other documents required by state law. --Ask questions to the driver and passengers. --Locate and examine the vehicle identification number (VIN). --Require drunk-driving suspects to take a Breathalyzer test, based on reasonable suspicion. --Search the passenger compartment for weapons if there is reasonable suspicion. --Search the vehicle if there is probable cause. --Search passengers' belongings if there is probable cause. --Make an arrest if there is probable cause. --Search the car if there is consent, even without probable cause. -Roadblocks for specific purposes do not need reasonable suspicion, but roadblocks for _______ law enforcement purposes are unconstitutional.

circumstances, general

Chapter 6: -______ ________- emergency circumstances that make obtaining a warrant impractical, useless, dangerous, or unnecessary, and that justify warrantless arrests or entries into homes or premises -________ ________- the police look at rooms or places in the house other than where the arrest takes place -________ ________- exceptions that apply to a certain type of case regardless of circumstances -_______ _______- an arrest made by a citizen or non law enforcement personnel without a warrant -______ ________- the common law authority of a police officer to compel a person to assist in keeping the peace or arresting a felon -______ _______- force that, when used, is not likely to result in serious bodily injury or death -______ ______- force that, when used, poses a high risk of death or serious injury to its human target -_______ ______- force that a prudent and cautious person would use if exposed to similar circumstances -______ ______- force that is used to punish rather than to accomplish lawful results -_____-___-______-_________- description of an escalating series of actions an officer may appropriately use, from no force to deadly force

exigent circumstances, protective sweeps, blanket exceptions, citizen's arrest, posse comitatus, undeadly force, deadly force, reasonable force, punitive force, use-of-force-continuums

Administrative searches and inspections: -Done by administrative agents or investigators, not by the police; purpose is enforcement of administrative regulations; consent or warrant is needed, except for highly regulated business; probable cause is not needed, but agents must who that the place inspected is subject to administrative rules, ordinances, or regulations -Warrantless searches must be _____________ -Dog sniffs are not searches; don't fall under 4th Amendment Searches and seizures of computers: -Legal requirements- Need Warrant (1) "probable cause to believe the data to be seized exists, is evidence of a crime, and is presently located at the place to be searched" and (2) "a reasonably detailed description of the place to be searched and the data to be seized" -Probable cause in computer searches- Est. if the suspect is in possession of incriminating data, if the data are stored on computer, and if the computer is likely to be found in the place to be searched -______ v. _______- The police generally may not, without a warrant, search digital information on a cellphone seized from an individual who has been arrested. -Vehicle stop less intrusive, neither a warrant nor probable cause is required -A stop by a police officer needs a reason and justification -Police officer does not need to inform the defendant that he or she is free to leave for a consent to search to be valid

contemporaneous, US v. Wurie

-The search incident to lawful arrest exception helps (1) ensures officer safety, (2) prevents escape, (3) prevents the destruction of evidence -The _______ circumstances exception: Danger of physical harm to the officer or destruction of evidence, Searches in hot pursuit of dangerous suspects, Danger to a third person, Driving while intoxicated (DWI) The special needs beyond law enforcement exception: -Not police searches (although sometimes asked to help) but instead involve searches conducted by other public agencies that perform tasks related to LE -Made w/o a warrant and on less than probable cause -Public schools, testing students for drugs, airport searches, searches of probationers and parolees -Public school teachers and administrators do not need a warrant or probable cause to search a student they believe is violating the law or school rules. Need reasonable grounds (lower than probable cause) for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school -Drugs testing high school athletes does not require individualized suspicion and that random drug testing is _________ -Airport searches- Does not need probable cause, reasonable suspicion, or even mere suspicion. Public safety first -Warrantless searches supported by reasonable suspicion are allowed - _________ -Suspicionless searches allowed - parolees

exigent, constitutional, probationers

-due process- procedural guidelines represented by case law that make or reasonable that a person or property should be taken in to custody -huge expanding network of cases in modern era to big tech - rights to privacy - law has not caught up w/ the tech world, can control narrative world sees and influence millions of people -almost every crime committed today has a computer attached one way or other - increase in technology usage -technology and internet new area of law - procedures that ensure that people going to be treated favorably are still being developed -_______- is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them -4th- Mapp v. Ohio -5th- Miranda v. Arizona -6th- Escobedo v. Illinois -8th- Furman v. Georgia -14th- Plessy v. Ferguson -purpose of arrest: get person praying on others out of circulation (detain them), protect one. person from another

extradition

Four Elements of an Arrest: 1) Seizure and detention- There must be actual or constructive seizure or no arrest takes place 2) Intention to arrest- Officer indicates, by words or deeds, that he or she intends to take the suspect into custody 3) Arrest authority- Authority to restrain distinguishes arrest from deprivations of liberty by private individuals 4) The understanding of the individual that he or she is being arrested- May be conveyed by the arrestee through words, actions, or both; Does not apply to those drunk or under the influence of drugs and does not understand what is going on, when the suspect is insane, and when the suspect is unconscious Arrests w/ a warrant: -Include: which court is issuing it, the name of the person to be arrested, the offense charged and some specific of the offense, an order for the officer to bring the arrested person before the issuing court, the date the warrant was issued, and the judge's or magistrate's signature When is a warrant ________: -Crime not committed in the officer's presence, the suspect is in a private residence and there is no reason for an immediate arrest, in home entries for minor offenses The issuance of a warrant: -A complaint (by the victim or police officer) must be filed before a magistrate or judge showing probable cause for arrest of the accused; Must be neutral and detached if issuing warrant The possession and expiration of a warrant: -Do not need arrest warrant in possession at time of arrest -Does not expire until it is executed or withdrawn

needed

Chapter 7: -________ ______ ______ _______- a magistrate who is not aligned with the government -________ ______ ________- appears to have authority, but in reality, does not -______ _______- a rule that allows police officers after an arrest to search the arrestee's "area of immediate control" -_________ _________- some kind of an emergency that makes getting a search warrant impractical, useless, dangerous, or unnecessary -_______ ________ ______- an exception to the requirements of a warrant and probable cause under the 14th Amendment; it allows warrantless searches and searches on less-than-probable cause in cases where there are needs to be met other than those of law enforcement, such as the supervision of high school students, probationers, and parolees -________ _______- searches conducted by government investigators to determine whether there are violations of government rules and regulations -__________ ________- the search must occur at the time as, or very close in time and place to, the arrest

neutral and detached magistrate, apparent authority principle, Chimel rule, exigent circumstances, special needs exceptions, administrative searches, contemporaneous search

-______ _____ ______- in the U.S. law of criminal procedure, is the legal doctrine that a "warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution; was established by Hester v. US 1924 -_______ v. ______- 1984 Open fields cannot support a reasonable expectation of privacy and are thus not protected by the Fourth Amendment. -house, home, domicile protected by the 4th amendment unlike open-fields b.c of plain view doctrine -______- of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated "open fields beyond", and also excluding any closely associated buildings, structures, or divisions that contain the separate intimate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated. -Boyd v. US 1986 -associated w/ a persons home and may include residential yards, fenced areas, and garages - proximity of building to home, use of building -_____ v. ______- 1987 Is a search warrant needed to peer into the open side of a barn that is located in a field on private property? No. The Supreme Court held that the barn and the area around it lay outside the protected area of curtilage around Dunn's house. The barn was separated from the house by a fence and was a substantial distance away from the house, the officers had other data that lead them to suspect Dunn, and Dunn did little to protect the barn from observation. Even if Dunn did have a reasonable expectation of privacy, the search still did not violate the Fourth Amendment because the officers never entered the barn. Justice Antonin Scalia concurred, writing that the officers perception of the way Dunn used the barn was not as important as the way the barn actually was used.

open fields doctrine, Oliver v. US, curtilage, US v. Dunn

Chapter 8: -_____ _______- a valid stop that is used as a pretext to search a vehicle -_____ ______- a form of roadblock in which the police stop every vehicle for the purpose of controlling drunk driving -______ _______- takes place when the police take control of a vehicle for law enforcement reasons -______ _______- the police list the personal effects and properties they find in the vehicle -right of privacy is inferred -______ v. _______- was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment -______ v. ______- The Fourth Amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions. Ohio Supreme Court reversed. -Weeks established 4th at federal level and Mapp established 4th at state level -must describe the warrant the place to be searched, what searching for, description of the person being searched -the right to privacy sometimes referred to as a penumbra (shadow) right -procedures change over time and can be traced back to the 14th Amendment - due process and equal protection under the law

pretextual stops, sobriety checkpoint, vehicle impoundment, vehicle inventory, Weeks v. US, Mapp v. Ohio

The Stop: -Only justified if the officer has reasonable suspicion -What starts as a stop may turn into a valid arrest if probable cause is est. during the stop When is a stop a seizure?: -Mere asking of ______ is not a seizure -A person has been 'seized' within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave Are vehicle stops based on racial profile valid?: -unconstitutional - violates the equal protection clause Are stops based on race alone valid?: -It is unconstitutional - violates equal protection clause -Racial profiling is banned by state law or police department policy in many states along with federal law enforcement Can stopped suspects be forced to answer questions?: -A suspect who is stopped ______ be forced by the officer to reply to questions -Such a refusal may give the officer sufficient justification to frisk b/c it may fail to dispel suspicions of danger -Refusal may also establish reasonable suspicion or probable cause, provided other circumstances are present Can a stopped person be forced to identify oneself?: -the 4th Amendment allows officers, pursuant to a stop and frisk, to require a person to provide his or her name, and that the person may be arrested for refusing to comply, but only under certain circumstances Does unprovoked flight constitute responsible suspicion?: -Unprovoked flight upon observing the police officers may constitute reasonable suspicion sufficient to justify a stop Are stops based on hearsay information valid?: -investigative stop based on secondhand or hearsay information is ___

questions, cannot, valid

Chapter 7: -______ ___ _______- the right to be let alone -________ _______ ____ _______- exists when a person exhibits an actual expectation of privacy, and the expectation is one that society is prepared to recognize as reasonable -_______- the exploitation or examination of an individual's home, premises or person to discover things or items that may be used by the government as evidence in a criminal proceeding -_______- the exercise of dominion or control by the government over a person or thing because of a violation of law -______ ________- a search for additional evidence conducted after all the evidence named in the search warrant has been discovered -______ ______- a written order, issued by a magistrate, directing a peace officer to search for property connected with a crime and bring it before the court -________ ______ ______- a warrant obtained based on probable cause and on an expectation that seizable items will be found at a certain place

right to privacy, reasonable expectation of privacy, search, seizure, fishing expedition, search warrant, anticipatory search warrant

-______ can occur in any place where a person has a reasonable expectation of privacy, even if the place is in a public area -Search is looking, whereas a seizure is taking -General rule is that searches and seizures can be made only w/ a warrant, but most searches and seizures are made without a warrant -Subject to search and seizure are: (1) ________- illegal drugs, counterfeit money, and gambling paraphilia. Items usually illegal for anybody to possess, (2) Fruits of the _____- stolen goods and forged checks, (3) ________ of the crime- weapons and burglary tools, (4) "_____ _______" of the crime- suspect's clothing containing bloodstains of the victim, or a suspect's mask or shoes--provided there is probable cause to believe that the item is related to criminal activity -Scope and manner of the search must be reasonable based on the object of the search -Once item mentioned in the warrant is recovered, the search must cease -After the search, give the occupant a list of the items that have been seized -Police officer seeking a search warrant must state the facts that est. probable cause in a written and signed affidavit -Four requirements for a valid search warrant: probable cause, a supporting oath or affirmation, a description of the place to be searched and the things to be seized, and the signature of a magistrate

search, contraband, crime, instrumentalities, mere evidence

The Frisk: -It can follow a stop, but only if there is nothing in the initial stages of the encounter that would dispel fears based on reasonable suspicion about the safety of the police officers or others -a valid frisk can turn in an instant into a valid ________ if the officer has probable cause to think that the object is seizable Is consent to frisk based on submission to police authority valid?: -Consent to frisk that is not voluntary and intelligent is _______ -Consent must be obtained w/o coercion or intimidation Stop and Frisk v. Arrest: -Stop and Frisk: Reasonable suspicion, extent of intrusion--pat-down for weapons, purpose--stop: to prevent criminal activity and frisk: to ensure officer safety, warrant not needed, duration--no longer than necessary to achieve the purpose, force allowed-- stop none, frisk a pat-down Arrest: Probable cause, extent of intrusion--full body search, purpose--to take the person into custody or to determine if a crime has taken place, warrant--required, unless arrest falls under one of the exceptions, duration--in custody until legally released, force allowed-- reasonable Stop and Frisk Application to Motor vehicles: -Motorists are subject to stop and frisk under the ______ circumstances as pedestrians -After a vehicle is stopped, a police officer may automatically order the driver to step out of the car even if the officer has no reasonable suspicion that the driver poses a threat to the officer's safety. Frisk can only be conducted if there is reasonable suspicion of a threat to the officer's safety: -A passenger in a car can be asked to exit the vehicle and then be frisked even if the car was stopped only for a traffic violation

search, invalid, same

-Passengers are also "______" in traffic stops -Can arrest vehicle passengers if there is probable cause to believe that a crime has been committed in a motor vehicle and it is not clear who committed it, and as long as there is reasonable inference from the circumstances that the person arrested could have committed it -Roadblocks do not need reasonable suspicion; exception to the rule that vehicle stops must be justified by suspicion of the occupant's involvement in the criminal activity --Roadblocks to control drunk driving are constitutional --sobriety checkpoints --Roadblocks to control the flow of illegal aliens are constitutional --Roadblocks to check for a driver's license and vehicle registration are constitutional --Roadblocks because of a hit-and-run are constitutional --Roadblocks to detect criminal wrongdoing are _________ -In vehicle searches, probable cause must be present; reasonable suspicion is not sufficient --Does not require a warrant so need (1) probable cause and (2) the vehicle must be mobile, meaning capable of being driven away at any time -A warrant is needed to search immobilized vehicles -Automatic searches during traffic citations are unconstitutional

seized, unconstitutional

Chapter 6: -_______- the taking of a person into custody -______- the taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation -______ ______- the taking of a person into custody with the use of hands, force, or firearms -_______ _______- occurs without any physical touching, grabbing, holding, or use of force when the individual peacefully submits to the officer's will and control -______ ______- a writ issued by a duly authorized person that instructs a law enforcement officer to bring the person to a magistrate or judge in connection with an offense with which he or she has been charged -_______ _______- issued when a person does not appear for a hearing -_______ _______- issued after a telephonic communication between the issuing judge and the officer -______ ____ ______- issued when the person to be arrested is well described in the warrant, but not identified by name -_______ _____ _______ ______- an issuing officer who is not unalterably aligned with the police or prosecutors position in the case -________- a writ from a court ordering a person to appear in court at a specified time -_______- the general name for several types of writs that require an officer to take a defendant into custody

seizure, arrest, actual seizure, constructive seizure, arrest warrant, bench warrants, telephonic warrants, John Doe warrants, neutral and detached magistrate, citation, capias

Chapter 6 Summary: -_____ is broader than the term arrest. All arrests are seizures, but not all seizures constitute an arrest -some contacts w/ the police are so minimally intrusive they are not considered seizures -neither the perception of the person detained nor of the officer determines whether a seizure has taken place. instead, the trial judge or jury determines whether a _______ person under the same circumstances would consider the situation a seizure -arrests have four elements: seizure and detention, intention to arrest, arrest authority, and understanding by the arrestee -there are two types of arrests: w/ a warrant and w/o a warrant. each is governed by a different set of legal rules -after an arrest, the police may search the arrestee and the area of immediate control -the general rule is that the police must knock-and-announce before making an arrest. this rule is subject to many exceptions -the rules for police use of non deadly and deadly force differ. For non deadly force, only reasonable force can be used. For deadly force, department policy must be strictly followed -the use-of-force-continuum, used in many police departments during training, familiarizes officers with the proper use of force

seizure, reasonable

-police probable cause for search and arrest can go w/o warrant but have to be careful about amendments and rights -searches can move from reasonable suspicion to probable cause -spontaneously confessing before rights given -> exigent circumstance as it is out of your control -_____ ____ _____- the policing practice of stopping a person briefly in order to search them for weapons or prohibited items -______ ______- The taking into custody of a person either under a valid warrant or on probable cause in the belief that he has committed a crime -Terry v. Ohio frisk steps: (1) reasonable suspicion, (2) officer identifies themselves, (3) can make reasonable inquiry (Hey what are you doing), (4) pat down of outer clothing only - can't manipulate items, (5) weapons found reasonable suspicion to probable cause -pat-down for contraband only in stop and frisk -warrants - car inventory, residential investigations, private property w/ legal consent -______ _____- was a decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the automobile exception. The case has also been cited as widening the scope of warrantless search -probable cause can be developed through 1 of 5 senses legitimately - Plain sight, plain touch, plain smell, plain hear, plain taste

stop and frisk, lawful arrest, Carroll Doctrine

Chapter 5 Summary: -_____ is a police practice whereby a person is stopped in public and questioned -_____ is a pat-down for weapons -although often viewed as a single action, stop and frisk are vest understood as two separate acts; each must be based on reasonable suspicion -stop and frisk are authorized by law or court decision -the purpose of a stop is to prevent criminal activity or to respond if criminal activity has just taken place -a frisk has one purpose--to protect officers (or others). a frisk for any other purpose is illegal -_______ _______ is less certain than probable cause but more certain than mere suspicion; it must be based on specific, objective facts -there are two limitations on a stop: (1) it must be temporary and no longer than necessary to achieve its purpose; and (2) it must be the least intrusive action available to the officer -there are two limitations on a frisk: (1) officers cannot squeeze, slide, or manipulate felt objects during a put-down; and (2) it cannot be used as a fishing expedition for evidence -motor vehicles can be stopped only if there is reasonable suspicion of the occupants' possible involvement in an unlawful activity. the driver and passengers may then be asked to get out of the car. but they may be frisked only if there is fear for the officer's safety -________ detention for fingerprinting or interrogation should be considered an arrest and subject to fourth amendment protection

stop, frisk, reasonable suspicion, station house

Chapter 8 Summary: For ______ searches, the following guidelines apply: --Warrantless vehicle searches are valid, but probable cause is required. --Searches of passengers' belongings are valid. --Searches of passenger compartments are valid. --Searches of trunks and closed packages found in trunks are valid. --There is no authoritative Court decision on whether searches of locked trunks or glove compartments are constitutional. --Searches of vehicles do not need to be made immediately after an arrest. --Warrantless vehicle searches are valid even if there was time to obtain a warrant. --The extent of car searches is governed by the objective reasonableness rule. --Searches of motor homes without a warrant are valid. --A warrant is sometimes needed for the use of electronic tracking devices to locate cars.

vehicle

Searches and Seizures: -exigent circumstances: produce guidelines fo police and courts which draw lines and shape criminal procedures ex. plain view (does not require a warrant), plain touch -Terry v. Ohio is the main case -reasonableness (common sense) - average person do, say, or think in similar situation -dealing w/ searches and seizures different factual burden prosecution just show when arrests or search being made that would tend to mitigate particular circumstances where there is some flexibility give to LE Searches w/ and w/o warrants -vast # of arrests are made ______ warrants -warrant is a legal document, fact establishing document, and gives instructions -was it reasonable to believe that an item was identified as criminal evidence - contraband -search incidental to a law arrest doesn't usually require a warrant -less facts for reasonable suspicion compared to probable cause -officer safety or situations where the officer has to act now or evidence will go away - arrests _______ a warrant -bench warrant issued by ______

without, without, judge