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Crim Pro > 4th Amendment > Flashcards

4th Amendment Flashcards

1
Q

What are the Rights Protected Under 4th Amendment?

A

(1) Secure in their persons, houses, papers, and effects
(2) UNREASONABLE searches and seizures
(3) Warrants with oath, description of person, place, or thing

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2
Q

What standard is required for a search AND seizure/arrest?

A

Probable Cause

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3
Q

What standard is required for a stop?

A

Reasonable Suspicion

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4
Q

When is a person seized?

A

Mendenhall and Hodari - when they are taken by physical force or a show of authority their movement is restrained (i.e. grabbed, pushed, threatened, etc) or they submit to authority

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5
Q

What is a 4th Amendment search?

A

Physical trespass on one’s home or property or person or paper (Olmstead, Katz, Jones) OR invasion of reasonable expectation of privacy

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6
Q

What is the reasonable expectation of privacy standard?

A

actual, subjective expectation that society is prepared to recognize as objectively reasonable

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7
Q

What is an example of physical trespass?

A

Katz - bugging a public phone booth
Jones - putting a GPS tracking device on someone’s car and monitoring for 2 weeks
Carpenter - obtaining cell service location information from phone company for all time (monitors non-suspects too)
Kyllo - using a thermal imager to detect heat in defendant’s house
Almonor - pinging a cellphone
Jardines - dog sniffs on curtilage

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8
Q

What is curtilage?

A

Hester 4-factor test:
(1) proximity to front door
(2) enclosure
(3) use of the area for intimate activity
(4) other steps taken to protect area of passerby people

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9
Q

What is NOT a search?

A

Dunn and Oliver - entering open field/non-curtilage
Ciraolo, Dow Chemical, and Florida v. Riley - aerial surveillance on non-curtilage/open field
Greenwood - garbage
Place - dog sniff outside car

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10
Q

What is third party doctrine?

A

If the thing being searched is owned by a third party who consents to the search, and then gives it up to the police, then the person does not have a REP or standing to sue for 4th A violation and the search is legal.

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11
Q

What is the mosaic theory?

A

Moore-Bush - individual inquiries, each of which are not a search taken alone, may constitute a search when aggregated (e.g. long term instances of surveillance from a pole)

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12
Q

When should a reasonable person believe they are allowed to leave?

A

Bostick and Mendenhall - Mere police questioning (e.g. can I see your ID? Can I check your bag? Can you follow me?)
Bostick and Whren - temporary detention on a bus or a car

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13
Q

What are the requirements for a warrant?

A

(1) Issued by neutral and detached magistrate (Coolidge) capable of determining probable cause (Shadwick)
(2) Affidavit or oath supporting request
(3) Time period for execution (any time from 6 am to 10 pm for federal warrants)
(4) Must detail with specificity what is to be searched or seized (Andresen and Groh)
(5) Probable cause

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14
Q

What is the knock and announce requirement?

A

Absent exigent circumstances, the police must knock and announce their presence before entering a residence to execute a search warrant (Wilson, Richards)

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15
Q

What are the exceptions to the warrant requirement?

A

Exigent circumstances: preventing destruction of evidence and protecting people from physical harm
Probable cause: seeing crime in real time or plain view

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16
Q

What are examples of exigent circumstances?

A

Hayden - hot pursuit of criminal Stuart - when a fight is actively happening
King - sound of people moving things after knock and announce
When someone is passed out drunk

17
Q

What is plain view doctrine?

A

Police can seize evidence in plain view without a warrant
Can include anything in plain view during execution of a warrant (i.e. warrant for child porn but find illegal drugs in plain sight or chasing after suspect and they drop something)
Must be immediately apparent that the seizure item is illegal (Arizona v. Hicks - cannot move the item to see if it is illegal contraband)

18
Q

What is an example of a mistake allowed under the warrant requirement?

A

Garrison - police objectively and reasonably believed warrant allowed them to search wrong apartment after warrant sent them to one apartment with two apartments

19
Q

What are the closely regulated industries that often do not use the warrant requirement?

A

Mining, alcohol, junkyards, weapons

20
Q

Do you need reasonable suspicion for border searches?

A

No - Martinez-Fuerte/Flores-Montano, Brignoni-Ponce

21
Q

Do you need RS or PC for a sobriety checkpoint?

A

No, and you don’t need a warrant either - Sitz

22
Q

When do you need RS for a checkpoint?

A

For general crime checks, but not when everyone is being checked

23
Q

Do you need PC or RS for jails?

A

No, anyone can be searched from routine booking through their time in the jail - Florence/MD v. King

24
Q

When do you need reasonable suspicion for a school search?

A

When you are individually only searching one student (higher REP) - Redding, BUT not when randomly searching - Acton

25
Q

Can states create statutes authorizing searches or arrests in a home without a warrant?

A

NO, this is a 4th A violation - Payton

26
Q

What do you need for an anonymous tip for a stop?

A

1) Indicia of reliability - Williams
2) Corroborated future behavior - White
3) Contemporaneous/eyewitness knowledge - Navarette

27
Q

What police behaviors do NOT constitute a stop?

A

Asking for ID, asking for name, asking to search luggage (Bostick/Hiibel)

28
Q

What amount of time is standard for a stop?

A

30-40 minutes - Sharpe

29
Q

What are the Drayton factors for a TOC analysis?

A

Application of force, intimidating movement, show of force, brandishing weapons, blocking exits, threats, commands, authoritative tone of voice

30
Q

Do officers have to tell people they have a right to refuse consent?

A

No - Bustamonte/Robinette/Drayton

31
Q

What is the co occupant consent rule?

A

A co-inhabitant can consent to a search of shared premises (when the other co-occupant is not physically present and refusing consent OR is arrested)

32
Q

What are the Burger criteria for a warrantless inspection?

A

(1) must be “substantial” governmental interest that informs the regulatory scheme pursuant to which the inspection is made
(2) the warrantless inspections must be “necessary to further [the] regulatory scheme”
(3) the statute’s inspection program must provide a constitutionally adequate substitute for a warrant

33
Q

What is the exclusionary rule?

A

When evidence is obtained illegally or in violation of the Constitution, it cannot be used at trial (applies to state and federal governments via Mapp)

34
Q

What are the Hodari requirements for a seizure?

A

The officer must show physical force OR the suspect submitted to the officer’s “show of authority”

35
Q

What is the good faith exception to the exclusionary rule?

A

When the police is negligent or makes an honest/unintentional mistake, the exclusionary rule applies (i.e. Leon - judge makes a mistake on warrant, Herring/Evans - clerical mistake on warrant, Davis - relying on binding law at the time)

36
Q

What is the independent source exception to the exclusionary rule?

A

When a wholly separate line of investigation, shielded from information gathered from an illegal search, turns up the same evidence in a separate, lawful search, the exclusionary rule does not apply - Murray

37
Q

What is the Inevitable Discovery Exception?

A

Nix rule - if the police can show by a preponderance of the evidence that the information discovered would have been found by lawful means absent the violation, then the exclusionary rule does not apply

38
Q

What is are the Brown/Strieff factors for the Attenuation Exception?

A

When the causal link between the unconstitutional police conduct and the evidence is remote/has been interrupted by intervening circumstances: (1) temporal proximity, (2) presence of intervening circumstances, and (3) purpose and flagrancy of the official misconduct

Crim Pro (3 decks)

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