Criminal Proceedures Cases for test 2
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Terry V. Ohio
Reasonable suspicion that a person is armed and dangerous in order to conduct a precursory frisk for officer safety
Vehicle stops and weapons searches of automobiles
protective sweeps of residences
plain touch and feel
stops for loitering
South Dakota V. Opperman 1976
The Supreme Court Held that a warantless inventory is permissible on administrative/regulatory Grounds.
however it must 1) follow a lawful impoundment; 2)be of a routine nature, following standard operating procedures; 3) not be a "pretext concealing an investigatory police motive."
was expanded to inventorying a persons possessions pursuant to a valid arrest. the police may examine containers.
Miranda v. Arizona 1966
The prosecution may not use statements whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination."
Brewer V. Williams
a defendant was suspected of killing a 10 year old girl. while be transported, his attorney advised him not to make any statements, and the police promised they would not question the defendant during the trip. during the trip, one officer suggested that the girl deserved a "christian burial". shortly after the defendant admitted to killing the girl and directed the police to her body.
The Courts said the officers had deliberately and designedly set out to elicit information from Williams. just as surely as, and perhaps more effectively than, if he had formally interrogated him
United States V. Wade
a defendant was placed in a police lineup, without his attorney present, after he was indited for a crime.
the supreme court held that this violated his Sixth Amendment because a port-indictment lineup is a "critical stage" in the Criminal Process. further, "the presence of counsel [at post indictment lineup] is necessary to preserve the defendant's basic right to a fair trial"
What would you like to do?
Home > Flashcards > Print Preview