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Street Policing/Checkpoints/Regulatory Flashcards

(71 cards)

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1
Q

Under Whren _____ does not matter

A

subjective intent of the police officer in stopping

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2
Q

Hiibel holds that _____are permissible under Terry

A

stop and identify statutes as they relate to Terry stops

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3
Q

Hiibel says that the request for identification has ____

A

immediate relation to purpose, rationale, and practical demands of a Terry stop

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4
Q

Solokow is about ___

A

drug profiles

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5
Q

Solokow facts

A

stopped at airport because fit drug courier profile (paid for flight with roll of 20s, traveled under name not same as phone listing, didn’t check luggage, only stayed in Miami 48 hours)

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6
Q

Solokow held that there was ___ but didn’t ____

A

RS, rely on drug profile

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7
Q

The Solokow court declined to ___

A

condemn use of profiles (DEA can use them but Court will not give those factors weight)

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8
Q

Solokow says that officers must ___

A

be able to articulate RS and if they have it listing of factors in a profile shouldn’t detract from it

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9
Q

Solokow Marshall dissent

A

profiles turn RS into checklist and more likely innocent people stopped

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10
Q

We care about subjective intent of officers when ____ because _____

A

roadblocks/inventory searches, dispensing with PC/warrant requirement

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11
Q

Whren says racial profiling is ___

A

issue for equal protection not 4A

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12
Q

Kail is about ___

A

pretexual EP claim

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13
Q

Kail facts

A

suspected prostitute but arrested for not having bell on bike (obscure local ordinance), PD policy to enforce all laws against suspected prostitutes even those not enforced against anyone else

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14
Q

Kail rule

A

even under rational basis this was EP violation

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15
Q

Hiibel facts

A

stopped a car after getting report D assaulted a passenger, police asked for ID but refused to comply after being warned a lot

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16
Q

Hiibel says that demand for ID during Terry stop ____

A

permissible under 4A

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17
Q

Hiibel says that suspect required to disclose name when officer ___

A

already had RS of criminal activity

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18
Q

Hiibel says that the statute requiring ID did not ___

A

alter nature of stop itself (didn’t prolong it or change locations)

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19
Q

Brown v Texas says that the reasonableness of searches that are less intrusive than traditional arrest depends on ___

A

balance between public interest and individual’s right to personal security free from arbitrary interference by LE officers

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20
Q

Considerations for Brown balance test

A
  • gravity of public concerns served by seizure
  • degree to which seizure advances the public interest
  • severity of interference with individual liberty
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21
Q

Morales is NOT ____

A

a 4A case

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22
Q

Morales ordinance under scrutiny

A

prohibits gang members from loitering with each other or other people in any public place.

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23
Q

Morales ruling

A

ordinance uncon vague, no notice and arbitrary and discrim enforcement

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24
Q

Morales says freedom to loiter is ___

A

part of DP

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25
O'Connor Morales concurrence says___
might be okay if only applied to gang members (but also applies to those hanging out with gang members)
26
Scalia/Thomas dissents in Morales
community asked for protection and chose to limit own freedom + no right to loiter
27
In Sitz drunk driving roadblocks are permissible due to ____
- magnitude of problem/state interest in eradication - all cars stopped (no discretion)
28
Sitz is about ___
drunk driving roadblocks
29
Balancing test factors from Sitz
- magnitude of problem/reason for checkpoint - presence or absence of discretion
30
Why possible to uphold seizures for roadblocks
- affect whole community so more likely to hold accountable politically - shorter length and less intrusive than other stops - warnings - less humiliating than other stops - search less probing for efficacy reasons
31
Martinez-Fuente facts
CBP operated suspicionless checkpoint on highway leading away from Mexican border
32
In Martinez-Fuente ____ make the stop OK
interest-balancing, near border so public interest
33
In Prouse there was a 4A violation when ___
random, suspicionless car stops to check driver's license and registration
34
The Prouse court noted that it wasn't ___
preventing States from developing methods for spot checks that were less intrusive or less unconstrained exercise of discretion
35
It was key in Sitz that ___
all cars stopped
36
Whren doesn't apply in Edmond because ___
no PC for any violation
37
Edmond implies that gravity of the problem ___
cannot be the only factor
38
Lidster facts
roadblock at site of fatal hit and run a week earlier to ask people about accident, police said just trying to find witnesses
39
In Lidster the checkpoint was _____
reasonable because info-gathering context doesn't implicate individualized suspicion
40
The Lidster court said don't need Edmond type rule because __
other practical considerations will inhibit use of checkpoints like this one (limited police resources and community hostility)
41
Lidster seems like ____ but ____
traditional LE, but post-9/11 (signals court more open than before)
42
Montoya-Hernandez facts
RS to believe swallowed drugs, detained for 16 hours while police got court order for X ray
43
Montoya holding
detention permissible because 4A interest leans heavily towards govt at the border
44
The court said Montoya contributed to length of detention ___
by trying to avoid a bowel movement
45
Flores-Montano facts
CBP removed, disassmebled and searched gas tank near border found weed
46
Flores-Montano outcome
search reasonable, same as searching passenger compartment because CBP will reassemble
47
Maybe greater justification in Flores-Montano if ___
search more destructive
48
Flores-Montano says reasons that might support requirement tog some level of suspicion in highly intrusive searches of person ____
don't carry over to vehicles (dignity and privacy interests)
49
Special needs searches are when ____
need beyond LE requires search/seizure
50
For special needs searches there is no ____ instead ___
PC/warrant requirement, balancing test of govt interest and degree of intrusion on affected individual's privacy
51
Under TLO, school officials must ___
have reasonable grounds for suspecting student searched is violating or has violated law or school rukes
52
TLO facts
VP of public school searched student's purse, OK
53
Earls says ____ may not be necessary when school conducts drug testing
finding of individualized suspicion may not be necessary
54
Factors to consider when school conducts drug testing (Redding)
- age and sex of student - instrusiveness of search - minimal threat alleged drugs presented to the school
55
O'Connor is about ___
public employer work-related search of employee desk/file/cabinet
56
O'Connor standard
reasonableness
57
Griffin is about ___
probation officer search of their probationer's homes
58
Griffin says that probation officers ___
can search without warrant if reasonable grounds
59
Griffin rationales
- requirement would interfere with state special need to supervise probationers - without Griffin just keep people in prison, not probation
60
Earls drug testing program
suspicionless drug-testing of public school students who wished to participate in competitive activities
61
Earls balancing
intrusion minimal of urine sample, extracurriculars voluntary, interest in combating drug problem high
62
Redding search
strip search by public school nurse of 15 year old girl to find contraband painkillers
63
Redding search was ___
unreasonable (intrusive, drugs minimal threat)
64
Chandler drug test
candidates for state office to pass drug test, chose themselves when to take it
65
Chandler drug test was____ because ___
unreasonable, need for drug testing not substantial and wouldn't be effective anyways
66
Maryland v. King issue
does 4A permit collection and analysis of DNA sample from person arrested but not yet convicted on felony charge
67
Maryland v King says reasonable search because ___
minor intrusion (buccal swab) but significant state interest of identifying person
68
Maryland v. King court says less invasive because ___
- like fingerprinting - won't immediately tell who person is unless DNA already on file - less intrusive than blood or breath tests
69
Scalia dissent in Maryland v. King
this is clearly about LE not identification, suspicionles searches only OK for special needs not LE
70
SCOTUS has never commented on ___
whether fingerprint is a search but generally assumed not to be
71

Investigations (22 decks)

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