Case Law 2

Question 1

Lemons V. Texas

Answer 1

Implied consent, consent without saying anything.

Question 2

Kuciemba V. Texas

Answer 2

Totality of circumstances can lead to arrest, police don’t have to witness the actual crime.

Question 3

Brown V. Texas

Answer 3

Resulted in Penal Code: Failure to Identify. Don’t have to identify self if detained, but can’t give a fake name.

Question 4

In the matter of P.M.

Answer 4

A frisk only requires that a reasonable suspicion be that weapons are present.

Question 5

Ohio V. Robinette

Answer 5

Detention is only for as long as investigative purposes take. NOT a fishing expedition. In Texas can only hold until info from a 27/29 comes in.

Question 6

Allen Vs. Texas

Answer 6

Plain View Seizures

Question 7

US v. Edwards

Answer 7

Allowed to search in jail and seize potential evidence.

Question 8

US v. Robinson

Answer 8

Search incident to arrest of individual

Question 9

US v. Finley

Answer 9

Cell phone searches (calls & texts)

Question 10

Carroll v. US

Answer 10

Created the automobile warrant exception

Question 11

California v. Acevedo + Wyoming v. Houghton + Florida v. Jimeno

Answer 11

With PC to search a car, containers within car may also be searched.

Question 12

US v. McSween/Henke/Reed

Answer 12

Odor of marijuana creates PC for search.

Question 13

Arizona v. Gant

Answer 13

May search PASSANGER COMPARTMENT of vehicle incident to a recent occupants arrest if: 1) Reasonable to believe that the arrestee might access vehicle at time of search. 2) Vehicle contains evidence of the offense of arrest.

Question 14

Knowles v. Iowa

Answer 14

May not search incident to citation

Question 15

Michigan v. Long + Douglas v. Texas

Answer 15

Created protective frisk of vehicle passenger compartment.

Question 16

US v. Garcia

Answer 16

Consent vehicle searches, may be thorough, and open hidden compartments.

Question 17

Florida v. Wells

Answer 17

Must have standardized procedure concerning inventory vehicle searches.

Question 18

Brendlin v. California

Answer 18

All passengers in vehicle are detained.

Question 19

Arizona v. Johnson

Answer 19

Can frisk passenger with RS.

Question 20

Payton v. New York

Answer 20

Exigent circumstances necessary to enter home without warrant.

Question 21

Illinois v. Macarthur

Answer 21

May secure a scene while a search warrant is being sought.

Question 22

Warden v. Hayden

Answer 22

Allows for entry in to house during hot pursuit of felon.

Question 23

US v. Howard

Answer 23

Police may not create the exigency to enter a home.

Question 24

California v. Greenwood

Answer 24

Garbage can be searched if left outside of curtilage.

Question 25

US v. Matlock + Georgia v. Randolph

Answer 25

If area to be searched is owned by more than one person, consent is required from both present parties. If one denies consent, you may not search.

Question 26

Bumper v. North Carolina

Answer 26

Search warrant trumps consent.

Question 27

Florida v Jimeno

Answer 27

Vehicle consent search. “Objective reasonableness”

Question 28

Douglas v Texas

Answer 28

Protective frisk of vehicle.

Question 29

Colorado v Bertine

Answer 29

Inventory search opening closed containers.

Question 30

Maryland v Wilson

Answer 30

May order passengers out during vehicle stop.

Question 31

US v Bonner

Answer 31

Flight from vehicle stop

Question 32

Richards v Wisconsin

Answer 32

Blanket exception for no-knock entries unconstitutional.