Search & Seizure
Cars
Case Names
Unwarranted
Specific Protections
100
Police are entitled to see whatever is in this.
What is plain view?
100
Attaching a GPS tracking device to a car requires this.
What is a warrant?
100
You have the right to remain silent. Anything you say can and will be used against you in a court of law.
What is Miranda v. Arizona?
100
Preventing danger to life, serious damage to property, escape, or destruction of evidence are all considered these circumstances.
What are exigent circumstances?
100
No one can be tried twice by the same sovereign for the same crime.
What is double jeopardy?
200
No warrant shall issue but upon this.
What is probable cause?
200
Police may do this with a car they have impounded.
What is an inventory search?
200
Officers with reasonable suspicion may conduct a (stop and frisk) pat down search for weapons.
What is Terry v. Ohio?
200
A co-occupant may give this to allow a search.
What is consent?
200
The first criminal defendant right incorporated into the 14th Amendment, initially for capital cases.
What is the right to counsel?
300
Failure to follow the rules for search and seizure will trigger this rule.
What is the exclusionary rule?
300
Because cars are mobile, police with probable cause to search the car may be able to do this.
What is a warrantless search?
300
Extended the right to counsel to all felony cases in state court.
What is Gideon v. Wainwright?
300
If the suspect has done this with property, there is no seizure when officers take it.
What is abandonment -- abandoned property?
300
The right to confront witnesses means the defendant can do this.
What is cross examine witnesses against him?
400
Surveillance enhanced by these means must be authorized by a warrant.
What are electronic means?
400
Random vehicle stops are not permitted, but this is.
What is a checkpoint stopping all cars?
400
A search incident to arrest is permissible but must be limited to the area within the suspect's immediate control.
What is Chimel v. California?
400
If the police believe an arrested suspect is not alone, they may do this.
What is a protective sweep?
400
Congress has adopted a statute to spell out the protections for this Constitutional right, using time frames of 30 and 70 days.
What is the right to a speedy trial?
500
A search or arrest with a warrant is valid unless one of these two problems occurred. (identify both)
What is (1) the police lied or (2) the judge was biased?
500
Police must have this level of suspicion or justification to order passengers out of a car they have stopped legally.
What is none -- no level of cause or suspicion is required?
500
Police must obtain a warrant for a blood alcohol test; natural dissipation of alcohol in the blood does not make an exigent circumstance.
What is McNeely v. Missouri?
500
This protection, originating in Magna Carta, is found in both the 5th and 14th Amendments.
What is the due process clause?
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