True or False
What is True
Voluntariness only requires absence of compulsion by police conduct
Name the Prescribed Exigent Circumstances
**BONUS POINTS**: 100pts per exigent circumstance
-Emergency Aid
-Hot Pursuit
-Prevent Imminent Destruction of Evidence
Acronym for Probable Cause Determinations
BONUS POINTS**100pts for each named factor in the acronym
What is PWAIT
Presence
Warrant
Another Officer
Informant
Training
A valid warrant requires
What is Probable Cause and Particularity
The Required Showing, and Limited Scope Scope for a valid search incident to lawful arrest.
What are:
Showing: Lawful Arrest
Scope: Defendant's Person and area immediately surrounding/accessible to the defendant during the arrest
A traffic stop justifies a full field type search on an automobile
What is False
Knowles v. Iowa: a traffic stop may justify the minimal intrusion of ordering passengers of vehicle out of car, but does not in itself justify a full field type search.
The Rational for Warrantless Automobile Searches
Cars are mobile and heavily regulated so there is a lesser expectation of privacy than in the home and time span to get a warrant is improbable
Finish the Sentence: To make an arrest on a misdemeanor offense has to be . . .
A person is "seized" when any of these three happen
they submit to a show of authority; or
they are physically restrained or touched
Scope for Terry Stop Searches
Officer can frisk for weapons to ensure officer and public safety. Limited to weapons, not evidence
A law enforcement officer can enter and enter a home without a warrant to prevent destruction of evidence
What is True
Kentucky v. King: warrantless entry & search to prevent destruction of evidence is reasonable and thus allowed, as long as police didn’t create the exigency
Rule for Terry Stop Searches
What is: The police can (stop)engage in investigatory stops of a person if they have reasonable suspicion based on articulable fact that criminal activity is afoot if (frisk) officer has present grounds to believe the suspect is presently armed and dangerous they may frisk the person investigated.
Definition of Reasonable Suspicion
What is particularized and objective basis for suspecting the person stopped of criminal activity
Ornelas v. United States
Tell me about the exclusionary rule
BONUS POINTS** 100pts for each properly explained exclusionary rule exception
Unreasonably seized evidence inconsistent with 4th amendment protections will be excluded at further proceedings to deter future unconsitutional behavior
Exceptions: Good Faith; Determination of PC by independent and detached magistrate; Inevitability; illegitimate property or privacy interests.
Showing Requried to show consent for a warrantless search/seizure
1. consent was voluntarily given (that a reasonable person in that situation would feel free to end/leave police encounter) &
2. That the consent was given by someone who has a reasonable expectation of privacy in the area searched
True or False:
A search incident to Lawful Arrest is valid only when the search is conducted immediately upon effectuating the arrest.
What is False:
U.S. v. Edwards: a reasonable delay of a search incident to lawful arrest doesn’t change the fact that defendant is no more imposed upon than he would’ve been at the time and place of arrest or immediately upon arrival at police station.
It is reasonable for police to examine and hold as evidence the personal effects of the accused that they already have in their lawful custody as result of lawful arrest.
Requirements for Third Party Consent
1. Reasonable appearance to searching officer that the property was mutually used by persons having joint access/control-- a) cohabitants own rights to permit inspections and b) that other s assumed the risk that a cohabitant could permit common areas to be searched
2. Facts just prior to the search that render the third party's consent binding on defendant
To establish PC an informant must have
1. Veracity and
2. Knowledge
Name the Constitutional Amendments that protect "right to counsel" and when they attach
5th: Miranda Right during custodial interrogations
6th: Upon formal indictment
The Defined Scope and Showing for a Warrantless Search of an automobile
Scope: Defined by the object of the search, only areas which there is probable cause to believe the object may be found. Limited to cars stopped on a public highway.
Showing: (a) probable cause and (b) a nexus that the object of the search is in the car.
A potential defendant (with a self interest in objecting to a search) whom is present, but doesn't take place in the "consent colloquy" can retroactively invalidate consent to search after cohabitant consented
What is False
Georgia v. Randolf: A potential objector nearby but not invited to take part in threshold colloquy loses out on his ability to refuse consent if cohabitant is present and consents
However, if a potential defendant is objecting at the door, the co-tenant's permission does not suffice for a reasonable search
The Two Rationales that Support a Warrantless Search Incident to Lawful Arrest
What are:
1. Disarm a suspect to take them into custody
2. Preserve evidence for trial
Definition of Probable Cause
Probable cause exists where the facts and circumstances within knowledge and of which they reasonably trustworthy are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.
Draper v. United States
DOUBLE JEOPRADY
(no pun intended)
Topic: 5th Amendment
Write your team name and wager on a piece of paper and pass it to the front
Topic 5th Amendment / Miranda v. Arizona
For 40% of your wager: 1. What is protected?
For 40% of your wager: 2. How are the protections triggered?
For 20% of your wager: 3. Define the triggering event(s) in #2
The Scope and Showing for Protective Sweeps
Showing: Reasonable suspicion of danger to officer safety