DPC/Misc
When can someone make a DPC claim for a violation of their rights in regards to identification?
Stovall
1. was the identification procedure so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification?
2. was the identification procedure necessary under the circumstances?
What is a seizure? Which cases help define it?
1. There is actual physical restraint or submission to authority (Hodari; Torres; Garner)
2. Reluctance to terminate encounter must be attributable to police conduct (Bostick, Drayton, Delgado)
Where do you absolutely need an arrest warrant?
The home (Payton)
Exception: hot pursuit, danger
1. When is a person required to be given their Miranda rights?
2. In order for a waiver to be valid under Miranda, it must be ___ and ____?
1. Custody and interrogation
2. knowing and intelligent
What is the sixth amendment and when does it begin? Do you have to invoke this right?
Right to counsel; begins at the start of formal judicial proceedings; no
When will the court consider/hear a DPC?
Conduct that "shocks the conscience" (Rochin)
The court is not going to consider due process claims about conduct that doesn't involve coercion, violence or brutality to the person (Irvine)
What is the third party doctrine and name a case we did in relation to this
Third Party Doctrine: 4th amendment does not limit obtaining information revealed to a third party and conveyed by the third-party to government authorities. Assume the risk.
Smith v. Maryland: there was no expectation of privacy in the phone numbers dialed. The pen register was installed on the telephone company property, so Smith can’t argue that his property was invaded or that police intruded into a “constitutionally protected area.” The use of the pen register was not a search and no warrant was required
Carpenter v. United States: An individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through CSLI. The location information obtained from Carpenter’s wireless carriers was the product of a search.
What are the requirements of Terry v. Ohio?
What can an officer NOT do under Dickerson?
Terry: an officer can forcibly detain someone (stop them) for a short period of time on less than probable cause and frisk them, if there is reasonable suspicion that criminal activity is afoot and that the person is armed and presently dangerous and if the officer can explain to the reviewing board afterwards why that is
Dickerson: if an object’s identity is not immediately apparent, a police officer may not conduct an evidentiary search as part of the pat down after determining that the suspect does not have a weapon.
What are the two parts of custody?
1. objective test: would a reasonable person feel at liberty to terminate the interview under the circumstances
2. When a person is subjected a police dominated atmosphere
Is the sixth amendment offense specific?
Yes, if you have a lawyer for one charge and you waive your miranda rights for a similar charge, the incriminating statements will be admissible because you need to invoke your right to a lawyer under miranda (Cobb)
The court defers to the state and decides whether or not they followed the court's past law and federal law. The court will not create a separate holding
Gates replaced the Aguilar Spinelli test with what approach?
"totality of the circumstances" approach, allowing courts to consider all factors together when determining probable cause for a warrant. The duty of a reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed
What is the plain view doctrine and what are the two requirements?
1. Officers have to be where they are supposed to be 2. Immediately apparent that the contraband is evidence of the crime (can’t involve additional searching)
(Horton)
What are the exceptions to giving a person their Miranda rights?
1. Booking questions (Muniz)
2. Public safety (Quarles)
Kirby: no right to counsel at line up conducted pre attachment of formal judicial proceedings
Ash: no right to counsel at photographic array
What is the sanction for the fourth amendment on officers and the exception to that?
The exclusionary rule: evidence obtained from an illegal search or seizure will be inadmissible in state (Mapp) and federal (Weeks) court.
Exclusionary rule will apply if warrant was defective and
Good Faith Exception (Leon): allows evidence obtained by police officers during a search to be used in court even if the search was illegal, as long as the officers reasonably believed they were acting lawfully based on a warrant or legal authority (objective test)
Good faith exception of Leon extends to police seizure of evidence due to fourth amendment violations by
What are the four curtilage factors and what case do they come from?
United States v. Dunn
Fourth Amendment protects the curtilage of the home and is not extended to open fields.
(1) proximity to home
(2) enclosure
(3) nature and uses of area
(4) steps taken by resident to protect against observation
What is the exception to searching the house/person without a warrant and where can you search?
Hint: it is not the vehicle exception
Bonus - exception to the exception
1. Search incident to arrest
House
Chimel: Can search (1) the person, (2) the containers on their persons and (3) anywhere on the person’s immediate control
Buie: can do a protective sweep; immediately adjacent areas
Robinson: search of any containers of the person
Exception to the Exception
Riley: cell phones are not allowed to be searched without a warrant
A person has to ____ invoke their right to counsel and then the officers must _____
unambiguously, cease the interrogation until an attorney is present
Do you have a right to an attorney at a line up?
Yes under Wade if you have been charged and formal judicial proceedings have begun
What are the three factors courts consider on whether a confession violated the DPC?
1. Reliability: whether it is true or not (people may say anything to have the beating stopped)
2. Methods that the police used
3. Voluntariness: was their will over born; subjective test
What is the privacy test v. the property test v. the trespass doctrine and which cases do these tests come from?
Bonus - which Justice hates the privacy test
Katz Privacy test: if the person reasonably expected privacy (subjective) and whether it is one society is prepared to recognize as reasonable (objective) then there needs to be a warrant
Kyllo Property test: the home is a constitutionally protected area and officers need a warrant to search within the home (would accept Olmstead but overruled)
Jones/Jardines Trespass doctrine: physically occupying private property for the purpose of obtaining information. The area immediately surrounding and associated with the home is part of the home. Need a warrant.
What is the vehicle exception?
Talk about:
1. Vehicle Exception
2. Containers
3. Search incident to arrest
Vehicle Exception
Can search vehicles without a warrant
Carney: can't expect privacy in a car and because it's mobile; logically — wherever the object of the search could be, including containers within the vehicle (even if they belong to an unrelated passenger).
1. Containers
Acevedo: probable cause that the container is in a particular part of the car, can only search that part and not the rest of the car
2. Search incident to arrest
Gant: can search the area of the car if the person being arrested still poses a threat; the passenger compartment and any containers therein (not the trunk)
Is Miranda offense specific?
No, once you invoke your right to an attorney the officers must cease all interrogations no matter what the offenses are until an attorney is present
What are the two kinds of identifications and give an example of each?
1. in court: witness is on the stand and they have to identify them in court
2. out of court: lineup, at a show up, photographs