Term
|
Definition
| if there is consent, then entry is LAWFUL |
|
|
Term
Hoffa
False Friend Doctrine |
|
Definition
| police can always lie to you , you run the risk that you telling them information, that the person you are telling is a cop. You have no right to trust anyone |
|
|
Term
|
Definition
| The 4th Amendment Protects people not places/ Two Prong Test -the test is whether individuals has a subjective expectation of privacy and that society is prepared to recognize it as reasonable; the test is used to determine if there is a protected privacy interest because if there isn’t there can not be a search. |
|
|
Term
|
Definition
| law enforcement does not commit a constitutional trespass by walking onto the open field ; - the police don’t need a type of warrant to talk to you on the beach is an example ; if you have 100 acre land and build a house in the corner, the police do not need a warrant to go upon private land-- do you really think no one can enter or see what is on that land, is that reasonable extpectation of privacy; in common law the house was presented and the curtiladge area which is the area around the home; point being, the further you go away from the home, the weaker the curtilage argument will become. |
|
|
Term
|
Definition
| go through the test because if it is the curtilage it falls under the same analysis of the house. Curtilage is whether area in question is being used for intimate activity. The test is as follows : proximity to home, use, enclosure, steps taken |
|
|
Term
|
Definition
| anything that the public can do, the police can legally do |
|
|
Term
|
Definition
| is it readily availiable to everyone, or that that everyone has it? |
|
|
Term
| All intimate details privilege |
|
Definition
| bright color lined drawn at front door of home, law enforcement cant cross that line without the warrant |
|
|
Term
|
Definition
| If physical contact without knowledge of persons, that it is considered a trespass and is a violation of the 4th amendment. However, survellience is lawful while trespass is not. |
|
|
Term
|
Definition
| Go through the tests for standing, 1. Whether the person had permission to present or use the premisis, 2. Whether the person has means of CONTROL of accesss to premesis (i.e key), 3. What degree of control did the person have over (dominion in control) ( i.e can invite people over, etc.), 4. Inter-personal activities ( what do they use the space for) |
|
|
Term
|
Definition
| Business transactions/commercial use is not a private transaction |
|
|
Term
|
Definition
| is a judicially created remedy under certain situations where law enforcement has violated your rights, generally imposing a deterrent effect. The deterrent model encourages compliance with the law, by saying unlawful evidence is dimissed, to let the police use the evidence gives them the right to violate the law...exclusion works better than anything else |
|
|
Term
Silverthrone
Independent Source Doctorine |
|
Definition
| Clearly an exception to exclusion , says that if LEO had a serperate lawful path to the item, they didn’t take the posionous route they took the lawful route, then that is permissible. If independent source of info from the illegal obtaining of the evidence, then cops can use it |
|
|
Term
| Fruit of Poisonous Tree Doctorine |
|
Definition
| The logic of the terminology is that if the source of the evidence (the "tree") is tainted, then anything gained from it (the "fruit") is tainted as well. |
|
|
Term
|
Definition
| Rejects all of the alternative models for exclusion |
|
|
Term
Leon
Exclusionary Rule 3 Prong Explanation |
|
Definition
| First, the exclusionary rule is designed to deter police misconduct rather than to punish the errors of the judges and magistrates. -- No we wouldn’t in Leon .Second, there exists no evidence suggesting that judges and magistrates are inclined to ignore or subvert the 4th Amendment or lawlessness among these actors requires application of the extreme sanction of the exclusion. ----there is no evidence that if we do deter, that the illgotten gain of law enforcement that we will correct the problem , no evidence magistrates tend to abandon their job, it is an entirely diff. problem ; Third, and most important, we discern no basis and are offerened none , for believing that exclusion of evidence seized pursusant to a warrant will have significant detterrent effect .. -- true , no benefit of exclusion of these cases. |
|
|
Term
|
Definition
| Must balance loss of evidence ( the social cost) vs. deterent value |
|
|
Term
| Leon Good Faith Exception |
|
Definition
| Objective measurement of a law enforcement officer , What would another well trained police office do under the same circumstances ; objective reasonable reliance on a facially valid warrant |
|
|
Term
| Leon/ Exceptions to the Good Faith Exception |
|
Definition
| 1 - if the cops lied or acted recklessly or putting together their pc affadavit, 2 if it is nothing more than a bare bones affadavit, 3. if the warrant is facially deficient, 4. when the magistrate acts as a rubber stamp! |
|
|
Term
|
Definition
| On the basis of 3 factors of Leson, just add in legsitlature instead of magistrate..if the test is whether or not the statue is constitional . In Krull - off the 1st, the officer is going to read the statue and read it because that is their job, the 2nd prong is no because legslatures dont usually abandon their job ( like in leon), 3rd prong - Will we deter legislature from passing unconstitutinoal laws ? |
|
|
Term
|
Definition
| ** grossly negligent**** in regards to police error, the police acted with reckless disregard in regards to truth or falsity or in some circumstances , systemic issues; Subjective thoughts of LEO do not ever invalidate the objective reasonableness of LEO’s conduct |
|
|
Term
| The Exception to Exclusionary Rule : |
|
Definition
|
|
Term
|
Definition
| any delay in obtaining a warrant must only be for reasonable period of time |
|
|
Term
|
Definition
| the police can use evidence that is gained through unlawful means ( i.e app of exclusionary rule) , that evidence is still available to impeach the defendant if the def. takes the stand because the system is not going to condone perjury. |
|
|
Term
| Inevitable discovery Doctorine |
|
Definition
| : if have one path to finding the evidence , that would inevitabley take to the evidence in the same or substantially similar condition that it was when we found it. Bypass to the exclusionary rule, can be seen as a remedy. Can’t use Ind. Source since there is only one source not lawful, not the ONLY source. From Williams. |
|
|
Term
|
Definition
Out of Hodari. when a police officer says stop , you apply. If the person submits to a show of law enforcements authority or use physical force to control the person, would the person feel free to leave? Example: Issue- when the car is pulled over, is the driver seized? Yes because “I- Seizure, R- Show of Authority App- D. Pulled over when lights on , C- clearly submitting to authority”
2nd question, is the passenger seized? He is free to get out and walk away, would a reasonable passenger feel free to leave from any encounter? |
|
|
Term
|
Definition
| a pretext stop is allowed if you have an objectively reasonable justification at its inception .the court makes it clear that objective reasonable conduct is the gold standard when trying to determine if law enforcement conduct is reasonable. Ex. ho was seized? the whole car. you have the right to object to the lawfullness of the seizure, because the passenger has been seized, so they can object to the lawfullness of the seizure but not the search!!!* |
|
|
Term
|
Definition
| Out of Tennessee. You can only use deadly force when the fleeing suspect shows a risk of serious bodily harm to the officer or to those in the vicinity |
|
|
Term
|
Definition
Reasonable Suspiscion: The Officer must be able to point to specific articulable facts with the reasonable inferences of a police officer to confirm or dispell that criminal activity is afoot.
(that are availiable to the officer at the moment of the seizure or the search warrant a man of reasonable caution in the belief that action taken was appropriate .) |
|
|
Term
|
Definition
| Scope of Search- Must be specific articulable facts in light of the off, training that would lead a reasonable officer to believe that criminal activity is afoot, and the purpose to confirm or dispell suspisions. So the frisk the court says for purposes of protection of himself or society, law enforcement can do an exterior pat down, or frisk -- defined as an exterior pat down for weapons |
|
|
Term
|
Definition
| facts and circumstances within the officers knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in belief that an offense has been or is committed. This is the definition of PC out of this case. Probable cause when LEO does not have a warrant to arrest someone they use this definition. |
|
|
Term
|
Definition
| Substantial Basis Test- the magistrate must have a substantial basis to determine there is a fair probability, more likely than not, of finding the evidence in the place to be searched. Deals with application for warrant. |
|
|
Term
|
Definition
| recognize that a warrant state with specifity ,the place to be search and items to be seized |
|
|
Term
|
Definition
| anyone can issue the pc warrant, provided they are empowered to do so by law, and they are not an adjunct of law enforcement |
|
|
Term
|
Definition
| Where the defendant makes a substantial preliminary showing that a false statement knowlingly and intentionally or with reckless disregard for the truth was included by the affiant in the warrant affadavit, and if the allegedly false statement is neccesary to the finding of probable cause, the fourth amendment requires that a hearing be held at the defendants request. The burden is fully on the defendant. |
|
|
Term
|
Definition
| Warrantless entry- you can make warrantless entry into the home if you have PC , exigent circumstances and reasonable belief that the person is inside |
|
|
Term
|
Definition
| Reinforces the ideas of one’s home. The arrest warrant carries the inherent authority to enter the home of the person identified on the warrant, NOT to enter into someone else’s home to arrest this person, someone else has an expectation of privacy |
|
|
Term
|
Definition
| THE SEARCH IS CIRCUMSCRIBED BY THE EXIGENT CIRCUMSTANCES and exgientcy dictates the scope of the search. |
|
|
Term
|
Definition
| 911 rendering aid is exigent circumstances, also that a crime of violence has been comitted and someone might need help |
|
|
Term
|
Definition
| Knock and Announce Rule- It is not necessary to knock and announce if circumstances present a threat of physical violence, if there is a reason to believe that evidence would likely be destroyed if an advance were given or if knocking and announcing would be futile. You never apply exclusionary rule to knock and announce violation;knock and announce just gives the homeowner an opportunity to prevent damage to their property, that is it. |
|
|
Term
|
Definition
| Reasonable test to invalidate the search if there is reasonable suspcision that something is wrong with the warrant |
|
|
Term
Triggering Condition for PC
From Grubbs |
|
Definition
| THe CONDITION must exist for PC to be satisfied. IF the CONDITION does not take place, then the search isn’t satisfied. When the condition is satisfied, PC will exist for the execution of a warrant. |
|
|
Term
Special Needs Exception
Summers |
|
Definition
| To detain a person while executing a search warrant warrant - 1) to avoid the flight issue 2) the destruction of evidence 3 ) avoid risk of harm to police and others 4) orderly completion of a search |
|
|
Term
Bright Line Rule
Out of Summers |
|
Definition
| a warrant to search for contraband founded on PC implicity carries with it the limited authority to detain the occupants of the premises while a proper search is conducted. |
|
|
Term
|
Definition
| the lawful custodial arrest and the area within the person arrested’s immediete grab area is allowed to be a search incident to arrest. |
|
|
Term
|
Definition
| trustworthy facts and circumstances within the officers knowledge that would lead a reasonable person to believe that an offense has been committed ** |
|
|
Term
|
Definition
| Specific and articluable facts in light of the officers training and experiences and inferences they're drawn by would leave a person with reasonable caution to believe that crime is afoot |
|
|
Term
|
Definition
| Given the facts and curcumstances, within an officers personal knowledge in which reasonable trusthworthy information is sufficient to a person of reasonable cuation that a crime has been committed |
|
|
Term
|
Definition
| substantial basis for fair probability that evidence will be found of a crime in the totality of the circumstances |
|
|
Term
| Totality of circumstances |
|
Definition
| Practical common sense decision whether given all the facts and circumstances set forth in the affadavit by the issuing magistrate is sufficient including veracity, basis of knowledge, and fair probability that evidence of a crime will be found |
|
|
Term
| 3 factors regarding delay. |
|
Definition
1. were the police diligent in investigating the matter?
2. Whats the nature of the circumstances of the delay? Who caused it?
3. Was this the least restrictive means to investigate? |
|
|
Term
|
Definition
1. Lawful presence 2. Lawful observation (scope) 3. The incriminating nature must be readily or immedietly apparent **
( They can seize the item based on PC) |
|
|
Term
| The Plain Touch Doctorine |
|
Definition
| with your tactile senses. Court says when dealing with tactile senses ( hearing, sight , anything) you have to have Reasonable Suspicion. Same test though, Lawful Presence , Lawful observation (scope), Incriminating Nature. |
|
|
Term
|
Definition
| 1. if you have the right to give consent as a matter of law, then as a matter of law you should have the right to withhold your consent. 2. Control of an Item is diff. then consent; (control does not mean legal authority) |
|
|
Term
| If the consent is ambigious as a matter of law, how do you resolve this issue |
|
Definition
*** It is the state’s burden to prove there is consent; Has to prove that OBJECTIVELY consent existed.
If ambigiuos it would favor the defendant |
|
|
Term
|
Definition
The only component the court uses is the voluntariness test.
co occupants have the inherent authority to consent to a search** |
|
|
Term
| THE REASONABLE OFFICER STANDARD |
|
Definition
| When consent is given, What does a reasonable officer then believe that a reasonable officer has consent to search for? |
|
|
Term
|
Definition
Objective reasonableness under the totality of the circumstances , that the person has common/apparent authority at the time of the search
What is their apparent authority to consent based on the objective reasonables of the facts availiable to the LEO at the time of the search |
|
|
Term
|
Definition
|
|
Term
| Exceptions to the exclusionary rule |
|
Definition
KRULL LEON HERRING
gross negligence, and systemic problems only ;Subjective thoughts of LEO do not ever invalidate the objective
reasonableness of LEO’s conduct
Leon- good faith exception
Krull- Legislature |
|
|
Term
| THE AUTOMBOILE EXCEPTION RULE |
|
Definition
Given the exigencies of the automobile, the mobility, the fear of loss of evidence :
*****THE POLICE MAY SEARCH AN AUTOMOBILE AND THE CONTAINERS WITHIN IT WHERE THEY HAVE PROBABLE CAUSE TO BELIEVE CONTRABAND OR EVIDENCE IS CONTAINED |
|
|
Term
| The knowledge of 1 officer |
|
Definition
| is impunitive to the knowledge of all officers. |
|
|
