TEST 2 Flashcards
(79 cards)
Alabama v White
informant gives detailed tip of white’s actions; LEO observes some actions giving RS that good tip and can search; Tip alone was not good search, but since LEO OBSERVED, SC said good search
Arkansas v Sullivan
Dealing with pretextual arrests; Man stopped for speeding; LEO recognized his name as someone associated with drugs; legally arrested Sullivan for the speeding violation which gave him right to do inventory on the car, where he found meth and a hammer (which he said was a weapon). Guilty. Appealed because pretextual stop, but reversed by SC because it was not pretextual- legal arrest due to traffic violation
California v Ciraolo
Marijuana found growing in Ciraolo’s yard in a 1000 ft flyover with the use of binoculars; this is a good search because it is in plain view; the use of binoculars is ok, because any typical citizen can get them- not advanced tech; evidence not suppressed
California v Greenwood
investigator surveillance on greenwood’s home for drug use; trashman comes to pick up trash, officer inspects trash and finds evid of drugs; she had two search warrants; SC said WAS search but was GOOD search- trash is abandoned property; no objective or subjective expect. of privacy in trash
CA v Hodari
2 officers in unmarked car in street clothes w/ police jackets in high crime area; group of teens see LEOs and run; just before tackled, kid throws a crack rock; LEO continues to tackle; attempt to suppress rock for illegal seizure so everything after that seizure should be suppressed; SC says not illegal seizure because not seized until after abandoned
City of Indianapolis v Edmond
City wanted to set up a drug interdiction checkpoint; Edmond was stopped and filed lawsuit because it broke 4th amend against unreasonable S&S; S.C. said that looking for drugs is basically the same as searching for crime in general, therefore, without RS/PC, you cannot search.
Florida v Bostick
Redefined the definition of free to leave; a reasonable person would not have felt free to leave when LEO boarded bus asking to search their stuff for drugs; Bostick gave permission and LEO found cocaine; SC said no 4th amend violation because there was no seizure
Florida v J.L.
Anonymous tip to LEO saying young black male in plaid shirt at bus stop had a gun; 3 black men at bus stop but LEO went to J.L. and found a weapon; motion to suppress because not RS for search; SC said not enough info for RS, suppression granted Anon tip alone is NOT enough for RS
Florida v Royer
Royer stopped in airport; LEO takes ticket and ID, keeps it while asking Royer to follow him to private room for questioning etc; Royer did not feel free to leave because LEO had ticket and ID, therefore, unlawful seizure, with only RS
Freeman v State
decided that if the sidewalk and driveway are what people use to approach your house, there is no expectation of privacy; if it a private walkway, then yes, there is expectation of privacy
Illinois v Caballes
Dealing with plain view doctrine and drug trafficking; routine traffic stop for speeding; K9 goes around car, finds drugs; Caballes says K9 violates 4th; SC said good search because no enhancement of dog’s senses and don’t need RS for K9 walk; NO REASONABLE EXPECTATION OF PRIVACY with contraband
Illinois v Wardlow
8 uniformed LEO in 4-car caravan in well known drug trafficking area; see wardlow holding opaque bag sees LEO and runs; pat down, squeezed bag and found gun; SC said LEO had RS to search
Katz v US
Doing interstate betting in phone booth; LEO bugged outside the booth; Katz said against 4th right to privacy; THIS CASE SWITCHED FROM TRESPASS TO PRIVACY; Gov lost, but would have won with a warrant
Kyllo v US
Thermal imaging used on Kyllo’s house- he had expectation of privacy; society recognized his expectation of privacy; SC said NOT a good search- sanctity of the home
Michigan v Sitz
Sobriety checkpoints in interest of public safety; Sitz complained of unreasonable S&S; SC said roadblocks do not violate 4th; safety of society > individual rights
Minnesota v Dickerson
Plain feel doctrine; LEO sees Dickerson walk out of known crack house, make eye contact and turns to walk in other direction; LEO does pat down and feels lump in pocket, squeezing more to determine it is crack; SC said BAD SEARCH- did not feel in plain feel during pat down
New York v Class
LEO reached in car window to move papers to see VIN#, SC said not an unreasonable search to get VIN
Oliver v US
OPEN FIELDS DOCTRINE- society does not recognize any right to privacy in open fields b/c not a setting for intimate activities
Pennsylvania v Mimms
LEO CAN order driver out of the car if lawfully stopped the car; don’t need suspicion of criminal activity to order driver OR passenger out; but CANNOT frisk, unless RS to believe he’s armed
Terry v Ohio
LEO observes 3 men pacing outside liquor store and believes they are about to rob it; RS to stop and search; SC said it was reasonable b/c he acted on more than a hunch
US v Mendenhall
plurality decision- girl walking through airport- DEA stopped and asked for ID and ticket- didn’t have same name; DEA asked to talk to her more, she said yes, frisked and found dope; question over whether she felt free to leave; DEA not req to tell her she doesn’t have to cooperate so NO VIOL of 4th
US v Dunn
LEO looked through window of barn and found meth; question over definition of curtilage; SC said it was not a search, so no viol of 4th b/c no expectation of privacy in that barn
US v Jones
LEO attached tracking device on car of guy suspected of smuggling drugs; the car w/ bug was in the jurisdiction; bug was put on outside of the time limit of the warrant- it WAS a search with out of date warrant, so it was illegal
US v Drayton
Drayton and Brown on bus, LEO board looking for drugs, asked to search bags and person, found “hard spots” on their legs (cocaine taped to their legs); search coercive?; SC said search ok, not coerced, b/c LEO don’t have to tell them right to not cooperate;
