Flashcards in Crim Pro Final Deck (88)
What did Katz do for the fourth amendment?
Established that the fourth amendment protects persons not places. Created "Reasonable Expectation of Privacy." Phone booth case. Manifest belief of subjective expectation of privacy.
What is the test for a reasonable expectation of privacy?
1. Subjective--Manifest a belief that their actions were private?
2. Objective--Would a reasonable person believe they had privacy?
1) Physical Intrustion--helicopter search was not a physical intrusion
2) Information gathering
Burden of Proof Required for a Search
i) State must prove the search was reasonable
ii) Defendant must prove search was unreasonable-->This is a higher burden of proof, very hard to prove
Does Police Intent matter?
Electronic Recording Distinction
Is allowed with 3rd party consent because there is no reasonable expectation of privacy once you have divulged info to a third party
4th Amendment Step-by-Step Analysis
1. Is it a search? a) Was there a reasonable expectation of privacy? b) was there a physical intrusion by the police?
2. Was it by a state actor?
Test for Temporary Seizure
1. Do you feel comfortable leaving/ignoring the officer?
2. Would a reasonable INNOCENT person feel comfortable leaving/ignoring the officer
Test for Seizure
1) Show of force?
2)Submission to the show of authority-->If suspect is fleeing then there is NO seizure because they have not submitted to the show of authority
What is the particularity requirement for a search warrant
1. Where-->specific about where cops are going in order to maintain the privacy of innocent parties
2. What-->Must be specific about the areas that will be searched-->cannot look in a top drawer if looking for illegal aliens
Totalities of Circumstances Test for a warrant?
1. Source of information
2. Amount of detail
3. Corroboration-->Informant and cop, witness
4. Officer's Opinion
Standard for Probable Cause
Fair probability of criminality-->Low Threshold
What are Exigent Circumstances
Circumstances that would normally require a warrant are excused for public policy or evidence preservation reasons:
1. Fleeing suspect
2. Destruction of evidence
3. Community Caretaking-->Not really a search/plain view applies here
4. Homicide Exception
What is the requirement for Plain View?
1. Legitimate justification for entry
2. Immediately apparent
3. Discovery is inadvertent
What is the automobile exception for warrants?
Exigency is created because of the mobility of the car. You also have a lower expectation of privacy in a vehicle. MUST be on a public roadway or in a parking lot.
*Covers bikes, motorcycles, AND RVS
Containers in public may not be searched without a warrant
Container in Automobile
California v. Acevedo says that containers may be searched when inside a vehicle only in the presence of probable cause. This goes beyond a traffic stop. I.e. the presence of drugs.
Exceptions to arrest warrants
Warrants in public are not required for felonies, public arrest, misdemeanors committed in officers presence
What may an officer search incident to arrest?
Terry Pat Down for weapons
Car and passenger compartment
Immediate vicinity-->Evidence preservation, officer safety
Is flight alone probable cause for an arrest?
When may an officer search the passenger in a vehicle stop
only if there is reasonable belief-->Driver possessing drugs is reasonable belief
Moving Suspect during Terry Stop does what?
Makes it an arrest and no longer just a stop-->This is a seizure
What is the Terry Stop? What is the test?
Reasonable time stop. The test is the amount of time it takes to dispel suspicion quickly or mature it to probable cause.
90 minute seizure-->Not ok
20 minute seizure--> OK
Why does exceeding reasonable time matter?
Because it goes from a Terry Stop to QUESTIONING and 5th amendment rights now apply, not 4th amendment issue anymore.
What is a special needs search?
Generally suspicionless searches that would normally be a violation of 4th, but is exempted due to a special need. Examples include school searches, checkpoints, or airport searches.
What must administrative searches NOT have?
Must have NO law enforcement interest-->The intent is NOT to sent people to jail. [sometimes its a consequence]
Why is a school search a special needs search?
Because by attending school you no longer have a reasonable expectation of privacy. Schools are substitute parents-->Kids have no expectation of privacy with their parents.
Roadblocks v. Checkpoints
They are both seizures and they are both allowed. A checkpoint is a world-wide practice based on national sovereignty and a roadblock is a suspiscionless search that is intended to promote roadway safety and is less scary than being pulled over by the cops
What are examples of suspicionless searches for drug testing?
A) Railroad employees
B) Custom Agents
D) Extracurricular activities--> voluntary participation is the reason these situations allow for drug testing