Con Law - Mid Term Case Law Flashcards
Katz v. US
eavesdropping by electronic means, has 4th Amendment protection
US v. Dunn
An area surrounding a dwelling that is part of an occupants daily activities, which is considered curtilage, and warrants 4th Amendment requirements
Week v. US
4th Amendment bars the use of evidence from an illegal search and seizure. This applies to all federal cases.
Mapp v. Ohio
4th Amendment exclusionary rule applies to the states through the due process clause.
State v. Larson
Any entry into a threshold, no matter how much, warrants 4th Amendment considerations.
Minnesota v. Carter
A person does not have standing if they are just visiting.
State v. Kieffer
In Wisconsin there is no presumption of common authority to consent to search.
Florida v. Bostick
A consent to search must be voluntarily, intelligently, and knowingly.
State v. Williams
A “Badger Stop” is lawful, when the initial stop clearly ended.
State v. Matejka
Consent to search a car extends to all items found in the car regardless of ownership.
Minnesota v. Dickerson
Contraband may be seized by feel/touch if the identity of the contraband was immediately apparent.
Illinois v. Caballes
A well-trained narcotics dogs can sniff the exterior of an automobile.
NY v. Class
You cannot move an item to view another. Unless you are looking for a VIN.
US v. Garcia
Usin GPS is not a seizure, and does not constitute as a search.
State v. Ferguson
Enter a zone of privacy, without warrant, for a jailable offense.
Griffen v. Wisconsin
Search of a home by probation officers for reasonable grounds, does not violate 4th Amendment.
Chimel v. CA
After arrest, Search a person and area within their immediate control.
NY v. Belton
After arrest, Search includes entire passenger compartment, including containers.
Thorton v US
SIA is permissible when the defendant is first contacted outside his vehilce.
Arizona v. Gant
Arrestee is within reaching distance of vehicle. Reasonable suspicion the vehicle contains evidence of the arrest.
Carroll v. US
Probable cause evidence is in a vehicle, search and seizure without warrant.
PA v. Mimms
After lawful stop, a driver can be removed without reason.
Maryland v. Williams
After lawful stop, a passanger can be removed withou reason.
State v. Denk
Containers within a vehicle can be searched for the officers safety.
Georgia v. Randolph
Consent search can be made when no present co-tenant objects.
Terry v. Ohio
Reasonable suspicion, officer may stop, question, and frisk a person.
State v. Newers
Registered owner of a vehicle is the driver.
Whren v. US
If a stop is vailid, with reasonable suspicion, the motivation of the officer is irrelevant.
