Criminal Procedures Test 2

Regulatory search

(also called Administrative Justification) include: (1) inventories, (2) inspections, (3) checkpoints, (4) school discipline, (5) "searches" of government employees' offices, (6) drug and alcohol testing, and (7) parole and probation supervision.

Inspection

*Camara v. Municipal Court*; An exception to the Fourth Amendment's warrant requirement that permits certain authorities to inspect a closely regulated business; *Key cases: Camara v. Municipal Court, Wyman v. James, Colonnade Catering Corp v. United States, Michigan v. Tyler, and United States v. Ramsey*

Sobriety checkpoint

*Michigan Dept. of State Police v. Sitz* Constitutional as long as the location of the checkpoints are pursuant to written guidelines, and every driver is stopped and (2) the officers themselves do not decide who to stop

Fire inspections

*Michigan v. Tyler and Michigan v. Clifford* warrantless inspections must be performed contemporaneously with the fire

Drug Courier Profiling

A crime-detection process that makes use of what is known about the likely and observable characteristics of drug couriers. Drug courier profiling usually occurs in stop-and-frisk situations

Terry v. Ohio

A person can be stopped if an officer has reasonable suspicion that criminal activity is afoot and frisked if an officer has reasonable suspicion that the person is armed and dangerous

Pat-down

A physical frisk of a subject conducted in a predetermined pattern to locate weapons

Drug and alcohol testing

A procedure of testing for drug or alcohol use, usually via urinalysis. Employees and school students can be subjected to warrantless, suspicion less drug and alcohol testing, but hospital patients cannot- if the evidence is turned over to Law enforcement authorities. *Key cases: Skinner v. Railway Labor Executives' Assoc., Ferguson v. Charleston, Vernonia School District 47J v. Acton, and Board of Education v. Earls

Warrantless Search

A search based on reasonable suspicion made without first seeking a warrant and permissible under specified circumstances.

Administrative Justification

A standard used to support certain regulatory and special needs searches. Created by the Supreme Court, it adopts a balancing approach, weighing the privacy interests of individuals with the interests of society in preserving public safety

Duration of a stop

A stop may last no longer than necessary to effectuate its objective.

Stop

A stop, defined as a brief detention, is usually permissible (1) when the officer observes a person engaging in unusual activity, (2) when the officer receives information from an informant who is reliable, and/or (3) when the officer receives a communication from another police department that the person to be stopped is suspected of involvement in criminal activity *Key cases: United States v. Mendenhall & California v. Hodari D.*

Frisk

A superficial examination by the officer of the person's body surface or clothing to discover weapons or items that could be used to cause harm; frisks are limited. If one is authorized because the officer reasonably fears for his or her safety, it is limited to a pat down of the person's outer clothing. Above all else, the frisk must be motivated by an officer's concern for safety. *Key cases: Pennsylvania v. Mimms & Ybarra v. Illinois*

Closely Regulated Business

A type of business subject to warrantless, suspicion less inspections. Examples include liquor stores and firearm dealerships

Search incident to arrest

A warrantless search of a person and the area around that person, conducted shortly after the person is arrested.

Stationhouse detentions

Also known as "detention of a suspect" - is the holding of a particular suspect in the police station for the purposes of investigating a crime that person may be related to or have participated in. Typically, they occurs after an arrest has been made but before any formal charges have been filed against the suspect.

School disciplinary search

Although they are not "searches" in the traditional Fourth Amendment sense, school officials can search (k-12) students' possessions without a warrant or probable cause for evidence of activity in violation of school policy. *Key case: New Jersey v. T.L.O.*

Hot pursuit

An exigent circumstance that permits dispensing with the Fourth Amendment's warrant requirement. Hot pursuit applies only when the police have probable cause to believe (1) that the person they are pursuing has committed a serious offense, (2) that the person will be found on the premises the police seek to enter, and (3) that the suspect will escape or harm someone or that evidence will be lost or destroyed. Also, the pursuit must originate from a lawful vantage point and the scope and timing of the search must be reasonable; *first seen in Warden v. Hayden*

Checkpoint

Brief detentions that do not require probable cause or a warrant. Their purpose should *not* be to detect evidence of criminal conduct, such as narcotics trafficking. It must be minimally intrusive, brief, and not directly tied to a criminal investigation. *Key cases: United States v. Martinez-Fuerte, Michigan Dept. of State Police v. Sitz, Illinois v. Lidster, and City of Indianapolis v. Edmond*

Protective Sweep

Brief search of a house or building to look for individuals only; requires reasonable suspicion; comes from Maryland v. Buie

School disciplinary searches

Constitutionally permissible, but they must be reasonable. Random, suspiciousness locker inspections are permissible but only with ample notice to students. *Key case: New Jersey v. T.L.O.*

License and safety checkpoint

Delaware v. Prouse: The Supreme Court held that LE cannot randomly stop drivers for the purpose of checking their driver's license

Reasonable suspicion

Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity

Evanescent Evidence

Evidence that will change or be lost over time; disappearing evidence; an example is alcohol in a person's bloodstream

Automobile searches

For an automobile search to be constitutional, it must be (1) directed at a vehicle ready to serve a transportation function, (2) premised on probable cause to believe the vehicle contains evidence of a crime, and (3) completed without unnecessary delay. *Key cases: Carroll v. United States, California v. Carney, New York v. Belton, and Arizona v. Gant*

Plain view

Items in plain view can be seized if the police have lawful access to the items and if it is immediately apparent that the items are contraband. The discovery of such items does not have to be inadvertent. * Key cases: Coolidge v. New Hampshire, Arizona v. Hicks, and Horton v. California*

Justification

the fact that is said to prove that something is true?

Probable cause

More than bare suspicion; it exists when "the facts and circumstances within (the officers') knowledge and of which they (have) reasonably trustworthy information (are) sufficient to warrant a prudent man in believing that the (suspect) had committed or was committing an offense. (Beck v. Ohio) In practical terms, it refers to more than 50% certainty.

Armspan rule

Part of the search incident to arrest exception to the Fourth Amendment's warrant requirement that allows officers to search not only the suspect incident to arrest, but also his or her "grabbing area."; limits the scope of the search during a search incident to arrest; comes from Chimel v. California

Expansion of stop-and-frisk law

Stop-and-frisk law has expanded as a result of Supreme Court decisions in the areas of vehicle stops, protective sweeps, plain touch and feel, profiling (typically drug courier profiling), and investigative detentions. *Key cases: Delaware v. Prouse, Maryland v. Buie, Reid v. Georgia, and United States v. Sokolow*

Administrative search

Subjects of this type of search include students, public schools, people in government offices, government property (such as desks, lockers, and vehicles), people engaged in certain businesses or licensed activities, and people on probation or parole. These types of searches generally do not require warrants because they are for regulatory purposes and usually are not conducted by a law enforcement officer.

The standards for stops and frisks were first created by the Supreme Court in what case?

Terry v. Ohio

Delaware v. Prouse

The Supreme Court ruling that police may not randomly stop motorists to check their driver's license and auto registration without any probable cause to suspect crime or illegal activity.

Vehicle inventories

The vehicle must be in the lawful custody of law enforcement before the inventory can take place. The inventory must be conducted pursuant to standardized agency policy or regulations

Warrantless arrest

Two types of warrantless arrests have been authorized by the Supreme Court. First, if exigent circumstances are present, the police may make a warrantless arrest. Probable cause is required, however. Second, an arrest in public can be made without a warrant. Even certain minor offenses can support arrest in public places; *Key cases: United States v Watson & United States v. Santana*

Border checkpoints

United States v. Martinez-Fuerte: Illegal immigrant checkpoints near the international border are constitutional. Carroll v. United States: Brief border detentions are constitutionally permissible

Key cases of Drug courier profiling

United States v. Van Lewis, Elmore v. United States, Reid v. Georgia, and United States v. Sokolow

Reasonable Suspicion

a suspicion based on specific facts; less than probable cause, but more than a hunch

Valid fire inspections must be _________________ in relation to the timing of the fire

contemporaneous

The Supreme Court in Reid v. Georgia addressed the practice of

drug courier profiling

Evidence that may disappear if not captured quickly is known as

evanescent evidence

The reason for the rule allowing a search incident to arrest is that an arrest always creates a(n)

exigency

Hot pursuit is one type of _________ circumstances

exigent

A search of an arrested person made contemporaneously with the arrest is a search ________ to arrest

incident

A(n) _________ search requires no consent at all

inventory

A(n) ___________ detention is less intrusive than an arrest but more intrusive than a terry stop

investigative

In United States v. Knights, the Supreme Court held that warrantless searches of probationers are permissible not only for probation-related purposes, but for _____________ purposes as well

investigative

A frisk is a Fourth Amendment intrusion that requires __________ apart from that required to stop the person

justification

In order for a search incident to arrest to be justified the arrest must be

lawful

The Supreme Court has adopted a(n) __________ test in order to distinguish stops from nonstops

objective

The _______ view doctrine first emerged in the Supreme Court's decision in Coolidge v. New Hampshire

plain

Minnesota v. Dickerson is the case that officially recognized the doctrine known as

plain touch

The Supreme Court has explained that warrantless automobile searches are permissible in part because driving cars in public places, drivers have a lesser expectation of

privacy

A valid frisk can lead to a valid search if _________ for the search is established during the detention

probable cause

Arrests made in _________ do not require warrants

public

Inventory Searches

searches conducted without probable cause or warrants to protect property and the safety of police and to prevent claims against police

Stop and frisk are considered

separate acts

Checkpoints designed to reveal persons driving under the influence of alcohol or drugs are known as ___________ checkpoints

sobriety

Three types of Exigent Circumstances

(1) hot pursuit, (2) likelihood of escape or danger to others absent hot pursuit, and (3) evanescent evidence

Typical characteristics of Drug Couriers

1. Use small denominations of currency for ticket purchases. 2. Travel to and from major drug import centers. 3. Have no luggage or use empty suitcases on trips that normally require extra clothing. 4. Travel under an alias. 5. Have an unusual itinerary, such as a rapid turnaround time for a lengthy airplane trip. 6. Carry usually large amounts of currency. 7. Display unusual nervousness beyond that ordinarily exhibited by passengers. 8. Use public transportation. 9. Immediately make a phone call after deplaning. 10. Leave a fake number with the airline.. 11. Dress in unusual manner. 12. Are between 25 and 35 years old. 13. Are extremely pale. 14. Do not use identification tags on luggage. 15. Purchase tickets on the day of the flight. 16. Exit first or last from the plane. 17. Walk quickly through the terminal while continuously checking over their shoulders. 18. Quickly leave the airport on arrival

Exigent Circumstances

When the exigences, or emergencies, of the situation require the police to act immediately at the risk of danger to themselves, danger to others, the destruction of evidence, or the escape of the suspect, it would be unreasonable to require the police to take time to obtain a warrant

A frisk must be supported by reasonable suspicion that the suspect is _______ and ______________

armed & dangerous

Police officers can stop and detain motorists in their vehicles with ___________ and reasonable suspicion that the motorist is violating the law

articulable

Investigative detentions

brief deprivations of liberty when police officers have a reasonable suspicion that a crime has occurred, or is about to occur

Spouses ______ give consent to have their partners' property searched

can

The Supreme Court ruled in City of Indianapolis v. Edmond that checkpoints for the purpose of detecting evidence of criminal activity are

unconstitutional

The Supreme Court in the case of South Dakota v. Opperman approved the police use of routine __________ inventories so long as they were done pursuant to an established department policy

vehicle

Warden v. Hayden was the first Supreme Court case to recognize the hot pursuit

warrant exception