Searches
What is the Katz test?
What is the Plain View doctrine?
It is immediately apparent that there is probable cause to believe the item is contraband or evidence of crime.
What is required for Probable Cause?
A practical common sense determination, under the totality of the circumstances, there is a fair probability that there is contraband (something illegal to possess) or evidence of a crime.
What does the 5th Amendment protect against?
Coerced self-incriminating testimony.
Where does the exlusionary rule come from?
What is the Constitutional Trespass Test?
Gvernment physically invades (1) physically touches (constitutionally trespasses) (2) private property for (3) the purpose of obtaining information.
What is required for Consent to allow a search withou a warrant?
The consent must be free and voluntary.
What is required for Reasonable Suspicion?
A particularized suspicion under the totality of the circumstances that person has committed a crime, traffic violation or civil infraction.
What are the two factors for whether a statement is coerced?
Police actions (objective) and Δ's characteristics (subjective).
What is the Fruit of the Poisonous Tree analysis?
Does the Consitutional Violation have a causal connection to the evidence being introduced?
What is the test introduced in Kyllo?
When the government (A) uses technology that is not in general public use to Obtain details or gather information (B) of the home that would have been unknowable without physical intrusion.
What is the permitted scope of a Search Incident to a Lawful Arrest for cars?
Officers can only search the immediate grabbing area of any passenger in the car, and they must be looking for evidence of the crime of arrest.
What are the requirements to obtain a warrant?
A detatched magistrate, oath and affirmation of an officer, and partiuclarity as to what the warrant pertains to.
When does Miranda Apply?
During Custodial Interrogations.
When the evidence was discovered through a legal, independent source.
What is the Public Disclosure Doctrine?
If there is something in the public and you put it there under Katz expectation of privacy (even if subjective it is not objectively reasonable) and would not be a search under the Fourth Amendment because you made it known to the public.
What is the Automobile Exception?
Cops only need probable cause to search an automobile on a public road because of its inherent mobility.
What is required to arrest a person outside of her home?
Probable Cause
What is required for a waiver of Miranda rights to be valid?
The waiver must be made knowingly and voluntarily.
What are the factors for Dissipation of Taint?
Length of Time, Flagrancy, Intervening Causes, Presence or Act of Free Will by the Defendant
If you share something with a third-party (information, conversation, etc.), your expectation of privacy to that thing is not reasonable, thus there is no search.
What is the definition of a stop and a frisk under Terry?
Stop: Physical force or show of authority and submission
Frisk: Search of Δ who cop believes to be "armed and dangerous" for only weapons
What is required to arrest a person inside of her home?
Probable Cause and an Arrest Warrant.
What is required for an invocation of Miranda rights to be valid?
It must be unambiguous.
What is the Inevitable Discovery Exception?
If the prosecution can prove that the evidence obtained through a constitutional violation would have been discovered through lawful means, the evidence does not need to be excluded