Term
| What are the issues for Problem 1? (Officer Loften and Freddy) |
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Definition
1. Did Loften violate the Fourth Amendment by placing the GPS tracking device on the car?
2. Was the monitoring of the GPS a violation of the Fourth Amendment?
3. Does Ricardo's statement amount to PC?
4. Was the warrant valid? |
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Term
| What are the issues for Problem 2? (Officer Oswald, Ms. Wilson, Mr. Howell) |
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Definition
1. Did Oswald violate the Fourth Amendment by executing the search warrant in Ms. Wilson's home?
2. Did the search of Mr. Howell violate the Fourth Amendment?
3. Did the search of the bedroom closet violate the Fourth Amendment?
4. Does Ms. Wilson have standing to challenge the search of Mr. Howell? |
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Term
| What are the issues for Problem 3? (Officer Nelson and White) |
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Definition
1. Did Officer Nelson have reasonable suspicion to stop the car?
2. Was ordering White out of the car a violation of the Fourth Amendment?
3. Was Nelson putting his hand between the seat and center console a violation of the Fourth Amendment?
4. Was Officer Nelson manipulating the baggie unconstitutional?
5. Was the search of the entire passenger compartment + glovebox a violation of the Fourth Amendment?
6. Was the search of the trunk + backpack a violation of the Fourth Amendment? |
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Term
| What are the issues for Problem 4? (Officer Larry, Monica, Arnold, Marcus) |
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Definition
1. Was show up a violation of the Fourth Amendment?
2. Was show up a violation of the Fifth Amendment DPC?
3. Was show up a violation of 6th Amendment RTC?
4. Were Arnold's statements re: DV taken in violation of 5th Amendment DPC?
5. Were Arnold's statements re: DV taken in violation of 5th Amendment SIC?
6. Were Arnold's statements re: DV taken in violation of 6th Amendment RTC?
7. Was the lineup in violation of the 5th Amendment DPC?
8. Was the lineup in violation of the 5th Amendment SIC?
9. Was the lineup in violation of 6th Amendment RTC?
10. Was statement re: theft in violation of DPC, SIC, RTC |
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Term
| What are the issues for Problem 6? (Officer Jones, unknown woman, Larry) |
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Definition
1. Was the search and seizure the fruit of an unlawful search (when Jones looked into window)?
2. Was the warrant supported by PC? |
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Term
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Definition
- Protects against unreasonable searches and seizures
- Warrants may be issued but require probable cause, be supported by oath or affirmation by a neutral and detached magistrate, and particularity of the places/person to be searched and items to be seized
- Protects citizens against government agents |
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Term
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Definition
- A person may not be compelled to be a witness against himself (SIC)
- A person may not be deprived of life, liberty, or the pursuit of happiness without due process of law (DPC) |
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Term
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Definition
| - In criminal prosecutions, a person shall have right to counsel for his defense |
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Term
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Definition
| A search is (1) a trespass to person, houses, papers, and effects OR (2) a violation of a reasonable expectation of privacy (Katz had subjective & objective prong) |
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Term
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Definition
- Curtilage is area surrounding home that is so closely tied to intimate activites of home-life that there is a greater REP
- Curtilage factors: proximity, structures, nature of use, steps taken to bar from observation |
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Term
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Definition
- Evidence that is the result of a Fourth Amendment violation will be excluded from trial (Exclusionary Rule)
- Applies not only to illegally obtained evidence, but also other material derived from that evidence (Fruit of Poisonous Tree) |
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Term
| Murphy v. Waterfront Commission |
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Definition
| Applied exclusionary rule to Fifth Amendment violations |
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Term
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Definition
- Applied exclusionary rule to Sixth Amendment violations
- Sixth Amendment RTC applies to lineups at post-indictment stage because evidence gathered is hard to rebut at trial and there is grave potential for prejudice during lineups |
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Term
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Definition
(Christian burial speech + search team)
- If evidence is discovered by police misconduct, but the evidence would inevitably have been discovered anyway, then the evidence is allowed in (Inevitable Discovery)
- Applies even if police acted in bad faith |
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Term
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Definition
(Police unlawfully entered apt and stayed there until warrant obtained)
- The warrant was valid and untainted by the unlawful entry; no info discovered during unlawful search was mentioned in warrant affidavit
- Evidence found for the first time during the execution of the warrant was admissible because it was discovered pursuant to an "independent source" unconnected with the invalid entry (Independent Source) |
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Term
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Definition
(Officers illegally entered a warehouse, discovered bales of marijuana, applied for a warrant without mentioning the illegal entry or subsequent discovery of MJ)
- Evidence police discover through illegal activity (and then later discovered pursuant to a warrant) is admissible so long as products of the illegal search were not used to obtain the warrant |
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Term
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Definition
Fruit of the poisonous tree evidence will be admitted in trial if it is so far removed from the unconstitutional behavior as to not be affected by it
- Evidence may be admissible if the causal link to the constitutional violation is so attenuated that the deterrent purpose of the exclusionary rule would not be served by suppression of the evidence
Consider: (1) temporal connection to illegality, (2) intervening events (i.e. acts of free will), (3) flagrancy of the violation |
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Term
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Definition
- Evidence derived from illegal police activity will be admitted so long as the police are not culpable in any sense (Good Faith Exception)
- The police did not cause the illegality and reasonably relied on what appeared to be a valid warrant
- Three cases establish bad faith: (1) judge isn't neutral and detached, (2) warrant is so lacking in PC that no judge anywhere could find for it, (3) warrant is facially deficient as to particularity |
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Term
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Definition
Look to the totality of the circumstances to determine if a statement gives rise to reasonable suspicion.
Reliability - Is it likely he has a sound basis of knowledge? Look to (a) whether informant personally observed info, (b) whether tip was extremely detailed, (c) whether info could only have come from personal knowledge, (d) corroboration
Credibility: Is he likely to be telling the truth? Look to: (a) if tip is against his interest, (b) whether he's given prior accurate tips, (c) whether he has a reputation for truthfulness |
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Term
| What are the requirements for a warrant? |
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Definition
1. Supported by probable cause
2. Supported by affidavit
3. Describe with particularity the places/people to be searched and items to be seized
4. Issued by a neutral and detached magistrate |
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Term
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Definition
(Police went into the wrong apartment while executing a search warrant)
An objectively reasonable mistake does not invalidate a warrant |
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Term
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Definition
(Herring arrested on invalid warrant that was supposed to have been removed by police clerk. Good faith exception applied.)
In order for exclusion rule to apply, the police conduct must be willful, reckless, or grossly/systematically negligent |
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Term
| What are the exceptions to the warrant requirement for searches? |
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Definition
1. SIA
2. Protective Sweeps
3. Exigent Circumstances
4. Automobile Exception
5. Special Needs
6. Consent |
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Term
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Definition
| When police make an arrest in a home, if they have a reasonable belief that they are in danger (that there may be "confederates lurking"), then police may look anywhere a person could be hiding who wishes to do them harm. |
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Term
| Search Incident to Arrest |
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Definition
- Limited to the wingspan of the person + containers (probably limited to the room)
- Justification: arrest |
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Term
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Definition
| A person has standing if (1) the person has a reasonable expectation in the place searched OR (2) a possessory interest in the item seized |
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Term
| A person aggrieved of an illegal search or seizure must first demonstrate... |
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Definition
(1) standing, AND
(2) the search or seizure was performed by a government actor |
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Term
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Definition
| In determining reasonable suspicion, look to the totality of the circumstances to see whether the officer has a particularized and objective basis for suspecting legal wrongdoing |
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Term
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Definition
(Anonymous caller told police that defendant would leave apt, get in brown car, drive to motel. Police see woman leave apt, get in brown car, and drive toward motel. Police stop her before she reaches the motel)
Reasonable suspicion exists where an anonymous tip predicts behavior that allows police to corroborate the information |
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Term
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Definition
- Reasonable suspicion will justify a "stop"
- A stop is a brief encounter in which the police confirm or dispel whether their suspicion is correct, and then must arrest the person or let him go |
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Term
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Definition
| If police have lawfully pulled a car over, they can demand the person get out of the car |
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Term
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Definition
| If an officer has reasonable suspicion to stop a car PLUS a reasonable belief that the suspect is armed and dangerous, he can do a frisk of the car ONLY where passengers have immediate access |
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Term
| Automobile Exception to warrant requirement |
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Definition
- If PC exists, police can search any area of the vehicle they believe evidence of criminal activity would be found
- The same particularity applies as would for a warrant (what evidence of what crime) |
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Term
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Definition
(Officer did a Terry frisk on defendant, felt a lumpy bag, manipulated the bag, then determined it to be drugs)
Plain Feel doctrine did not apply because the incriminating nature of the substance was not immediately apparent.
The manipulation of the substance was a "further search" once the officer realized it was not a weapon. |
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Term
| Requirements for plain view, feel, smell |
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Definition
1. The officer must not have violated the Fourth Amendment in arriving at the place
2. The incriminating character must be immediately apparent
3. The officer must have a lawful right of access to the object itself |
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Term
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Definition
- SIA as it applies to automobiles
- The arrestee must (1) have access to the vehicle at the time of the search OR (2) there must be a reasonable belief that evidence of the crime of arrest will be found in the vehicle
- Applies to passenger compartment + containers
- Reasonable belief similar to reasonable suspicion |
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Term
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Definition
When a government actor significant interferes with a person's freedom of movement
Mendenhall: A seizure happens with a reasonable person would not feel free to leave |
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Term
| When will an eyewitness ID violate the 5th Amendment DPC (out of court)? |
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Definition
| If, under the totality of the circumstances, if the identification process is so (1) unnecessarily (2) suggestive that it will lead to a (3) substantial likelihood of misidentification |
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Term
| When will an eyewitness ID violate the 5th Amendment DPC (in court)? |
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Definition
| Under the totality of the circumstances, if it was so (1) unnecessarily (2) suggestive to give rise to (3) substantial likelihood of irreparable misidentification |
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Term
| When will an eyewitess ID violate the 6th Amendment RTC? |
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Definition
If the ID is made without a lawyer present and:
(1) formal proceedings have been filed against defendant
(2) it is a "critical stage" of the investigation
(3) it is offense specific |
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Term
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Definition
| - 5th Amendment DPC protects against involuntary statements (statements that were coerced) |
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Term
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Definition
- 2-Prong Test: (1) did police subject defendant to coercion, AND (2) was coercion sufficient to overcome defendant's will?
Subjective factors: age, education, mental status, sobriety, familiarity with CJ system
Objective factors: duration of interrogation, words spoken, withholding basic needs, promises of leniency, deceit, use of force |
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Term
| When will a statement violate the 5th Amendment DPC? |
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Definition
| When it was coerced (rendering the statement involuntary) |
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Term
| When can statements used in violation of 5th Amendment DPC be used? |
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Definition
| Never. Not in the case in chief nor for impeachment purposes. |
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Term
| When will a statement be given in violation of 5th Amendment SIC? |
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Definition
| When a statement is given by a person during custodial interrogation without Miranda warnings. |
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Term
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Definition
Freedom of movement being deprived in a significant way.
Objective: Would a reasonable person feel his freedom of movement.. |
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Term
| When can statements given in violation of 5th Amendment SIC be used? |
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Definition
| Cannot be used in case in chief, but can be used for impeachment purposes. |
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Term
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Definition
| Questioning by the police, or the functional equivalent (words or actions reasonably likely to elicit an incriminating response) |
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Term
| When can a statement given in violation of 6th Amendment RTC be used? |
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Definition
| Cannot be used in case in chief, but can be used for impeachment purposes. |
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Term
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Definition
| The 6th Amendment RTC applies to post-indictment lineups because the evidence gathered is difficult to rebut at trial, and there is grave potential for prejudice during lineups |
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Term
| When can an eyewitness ID made in violation of 6th Amendment RTC be used in court? |
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Definition
When the prosecution can show there was an independent basis for the ID aside from the lineup.
Look to:
1. prior opportunity to observe alleged act
2. any discrepancies between pre-lineup description and actual description
3. any ID prior to lineup of another person
4. any ID by picture of defendant prior to lineup
5. failure to ID defendant on any prior occasion
6. lapse of time between alleged act and lineup ID |
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Term
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Definition
(Police had warrant to search tavern and bartender. They searched Ybarra, a partron who happened to be on premises during execution)
Although the search warrant, under PC, gave police authority to search premises and bartender, it gave them no authority to invade constitutional protections given to patrons.
Moreover, Ybarra was not threatening. |
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Term
| How can 6th Amendment RTC be waived? |
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Definition
- Knowing, voluntary, intelligent waiver
- The government bears the burden of proof and must show an intentional relinquishment or abandonment of the right |
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