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Flashcards in Crim Pro Final Deck (88)
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1

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.

2

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?

3

Open/Curtilege Test

1) Physical Intrustion--helicopter search was not a physical intrusion
2) Information gathering

4

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

5

Does Police Intent matter?

NO

6

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

7

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?

8

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

9

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

10

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

11

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

12

Standard for Probable Cause

Fair probability of criminality-->Low Threshold

13

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

14

What is the requirement for Plain View?

1. Legitimate justification for entry
2. Immediately apparent
3. Discovery is inadvertent

15

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

16

Container Rule

Containers in public may not be searched without a warrant

17

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.

18

Exceptions to arrest warrants

Warrants in public are not required for felonies, public arrest, misdemeanors committed in officers presence

19

What may an officer search incident to arrest?

Terry Pat Down for weapons
Car and passenger compartment
Immediate vicinity-->Evidence preservation, officer safety

20

Is flight alone probable cause for an arrest?

NO

21

When may an officer search the passenger in a vehicle stop

only if there is reasonable belief-->Driver possessing drugs is reasonable belief

22

Moving Suspect during Terry Stop does what?

Makes it an arrest and no longer just a stop-->This is a seizure

23

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

24

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.

25

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.

26

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]

27

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.

28

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

29

What are examples of suspicionless searches for drug testing?

A) Railroad employees
B) Custom Agents
C) Athletes
D) Extracurricular activities--> voluntary participation is the reason these situations allow for drug testing

30

What is the subjective person/totalities of the circumstances factor test for consent to interrogation

1. No warning is required
2. In custody or not
3. How invasive was the search?
4. What police tactics were used?
5. Reluctance of suspect to consent
6. Suspects intelligence and education
7. Voluntary confession-->Warnings are required