ACJ Set 2

Card Set Information

ACJ Set 2
2011-11-30 12:46:03

ACJ Flashcards
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  1. Carroll v . US
    Police may search a vehicle without a warrant if they have PC to believe it contains the fruits, instrumentalities, or evidence of a crime
  2. Why automobiles have a lower expectation of privacy than homes
    • Mobile
    • Using public places (roads) which are high regulated
    • It is a privilege, not a right, to drive a car
  3. Chambers v. Maroney
    Given probable cause, there is no different between seizing and holding a car before presenting the PC to a magistrate and on the other hand carrying out an immediate search w/ out a warrant
  4. Camara c. Municipal Court
    Because administrative searches are intrusions upon the interests protected by the 4th amendment, there is a constitutional right to insist on a warrant
  5. When PC exists for administrative searches
    If reasonable administrative or legislative standards for conducting an area inspection are satisfied with respect to a particular building
  6. Standards for conducting an administrative search may be based on
    • Passage of time
    • Nature of the building
    • Condition of the entire area
    • NOT specific knowledge of the condition of the building
  7. When there can be prompt, warrantless administrative inspections
    Emergency situations
  8. Double burden of proof in Terry
    Reasonable suspicion to stop and reasonable suspicion to frisk
  9. Under Terry, when a cop can stop an individual
    Reasonable suspicion that the individual is involved in criminal activity
  10. When an officer can conduct a Terry frisk
    Reason to believe the suspect is armed and dangerous
  11. When an officer may stop and frisk
    • There is an articulable suspicion
    • Criminal activity is afoot
    • Based on the totality of the circumstances
  12. How an officer can determine criminal activity is afoot in a Terry stop
    training and experience
  13. Test for determining reasonable suspicion for Terry stop
    Objective test - would a reasonably prudent man in the circumstances be warranted in the belif that his safety or the safety of others was in danger
  14. When there is probable cause for further search after Terry search
    If police can tell from the sensitive fingers that it is a weapon or contraband
  15. US v. Sokolw
    Probablistic evidence that describes the personal characteristics of someone engaging in criminal activity may be sufficient for reasonable suspicion
  16. US Arvizu - reasonable suspicion vehicle stops
    May stop car if totality of the circumstances give officer a particularized and objective basis for suspecting legal wrongdoing
  17. Flight - reasonable suspicion
    • No per se rule against it
    • Can be viewed with the totality of the circumstances to give reasonable suspicion of criminal behavior. Illinois v. Wardlow
  18. Test for whether a Terry seizure
    court must consider all the circumstances surrounding the encounter to determine whether the police conduct would have communicated to a reasonable person that the person was not free to declines the officer's request or otherwise terminate the encounter
  19. Test for consent of Terry search
    Just voluntary - as opposed to VKI
  20. FL v. Bostick
    General Terry consent rule applies to public transportation
  21. Other seizure tests
    • display of authority is a seizure only if the person submitted to it - CA v. Hodari
    • Officer seizes person when he restrains person's freedom to walk away i.e. by shooting/killing him - TN v. Garner
    • When there is a governmental termination of freedom of movement through means intentionally applied - it is enough for the person to be stopped by the very instrumentality set in motino to achieve the result - Brower v. County of Inyo
  22. Scott v. Harris
    Reasonable for cop to stop a high speed car chase by forcing D off road because chase posed a threat to others
  23. Hiibel v. 6th Judicial District of Nevada
    Stop and ID - must give ID if cop has a reasonable suspicion to stop you
  24. Limits to stop and ID
    • Must be specific, objective facts est. reasonable suspicion that suspect was involved in criminal activity - Brown v. TX
    • statutes must give a standard for suspects to adhere to or comply with - Kolender v. Lawson
  25. Terry searches based on anonymous tips
    An anonymous tip lacking indicia of reliability does not justify stop and frisk
  26. When there is reasonable suspicion from an anonymous tip
    Tip is accompanied by specific indicia of reliability
  27. Alabama v. White
    When getting an anonymous tip, the police should corroborate it
  28. Contraband discovered during Terry search - can go beyond a patdown if:
    • Lawfully searching under Terry AND
    • It is immediately apparent, based on the cop's training and experience, that what he is feeling is a weapon or contraband
  29. MN v. Dickerson
    Search is unconstitutional and beyond the limits of Terry if the officer goes beyond a pat down and manipulates the item
  30. Terry search of the passenger compartment of automobile
    Permissible for areas in which a weapon may be placed or hidden if officer has reasonable belief based on specific and articulable facts which, taken with any rational inferences from the facts, reasonably warrant the officer to believe suspect is dangerous and may gain immediate control of the weapon. Michigan v. Long
  31. Doctrine of adequate and independent state grounds
    • Is the decision from the state ct based in state or fed. law
    • If state law, the fed. ct. has no jurisdiction
    • If state ct wants AI needs to say in opinion, "based on state constitution..."
    • References to federal cases w/ no mention of state law indicate based on fed. law
  32. US v. Place
    Dog sniffs are not a violation of the 4th - dogs are trained to find contraband, and there is no property interest in contraband
  33. Illinois v. Caballas
    If traffic stop and held too long while a dog is transported to drug sniff, then it is a violation
  34. How to attack dog sniff
    • Did the initiation of the sniff extend the scope of the search
    • Attack the fallibility of the dog (false positives; alerted by trainer)
  35. Detention of luggage under reasonable suspicion
    Scope limitations same as those applicable to investigative detentions of person - consider length. Place.
  36. Why we allow suspicionless searches for special needs
    evidence is not being turned over to government
  37. Policy behind special needs exceptions to reasonable suspicion requirement for searches
    • 4th amendment requirements are not practicable
    • Beyond normal needs of police
    • Burden of getting warrant - dissipation of evidence
  38. Skinner v. Railway Labor Executives Association
    • Can mandate drug testing of railroad workers without reasonable suspicion in certain situations
    • Regulated industry, history of alcohol usage, great risk to the public
  39. Vernonia School District 47J v. Acton
    Drug testing of athletes without RS is okay because school athletics is dangerous, minors already lack rights of self-determination, privacy expectation is lower with athletes, and degree of intrusion is minimal
  40. Board of Education v. Earls
    Mandatory drug testing is okay for students who participate in competitive extracurricular activities
  41. Chandler v. Miller
    Candidates for election to certain state offices do not have to submit to mandatory drug testing
  42. National Treasury Employees Union v. Von Raab
    Can do urine testing on certain government employees involved in drug law enforcement, carrying of firearms, or handling of classified material
  43. Florida v. Royer
    If a cop approaches you will no reasonable suspicion or probable cause, you are free to walk away
  44. Michigan Dept. of St. Police v. Sitz
    Sobriety checkpoints are not violations of the 4th amendment - high risk of injury and limited intrusion
  45. Checkpoints to check for drugs
    Fourth amendment violation because no connection between the automobile and the drugs. Indianapolis v. Edmond
  46. Checkpoints to obtain information
    Not a 4th amendment violation. Illinois v. Lidster
  47. Illinois v. Caballes
    Purpose of the stop defines the length of the stop - If you are restrained longer than to implement the purpose, it is a 4th amendment violation
  48. Factors to determine the voluntariness of confessions
    • Circumstances of interrogation:
    • Where does it occur
    • How long is it
    • What happens
    • Who is the person being interrogated
    • Is the person's will overbourne
    • (age, education, prior experience, IQ, Gender, Mental issues)