Auto Search I
California v. Carney
Motor home trailer is considered a car. Important to Note: Lesser expectations of privacy in a car because cars are subject to more gov't regs, inspections, and licensing requirement. Also, they are MOBILE.
Whren v. United States
Allows pretext stops (even race-based), provided there is an "objective basis" for the stop. Judged by "objective police officer" not by the intent of the actual officer. Suggests 1983 actions to resolve civil rights law suits. Who was the Justice for this one? Carter really likes this case... you can expect it on the exam.
Marvin Taylor v. State
INDIANA case (likely to see this on exam for that reason). Indiana Supreme Court held that the police must give the owner an opportunity to call someone to retrieve their car before it is impounded unless the vehicle poses a danger of harm to the community (no danger in a parking lot, but can't leave it on the side of a highway).
California v. Acevedo
Police had probable cause to search a container in the trunk when they saw Acevedo place the bag of drugs in the trunk as he drove away. (may want to read this more)
Florence v. Board of Freeholders
Invasive strip searches are allowed for minor offenses at jail. We can be sure there will be at least one jail case on the exam. Mention reduced expectation of privacy and officer safety.
Wyoming v. Houghton
The driver did not have standing to contest drugs found in the passenger's purse.
Atwater v. City of Lago Vista
Terrible case involving the arrest of a mother for a seat belt violation. "Bart Turek"
Florida v. Wells
Supreme Court did not permit search of a locked suitcase in an impounded vehicle because inventory search policy did not extend to the searching of locked containers.
If looking for contraband in a parked car that is not involved in any traffic situation (does this mean infraction or simply moving?), they need a warrant.
Coolidge v. New Hampshire
Payton v. New York
Barring exigent circumstances, you need an arrest warrant to enter a home and arrest someone.
New York v. Belton
Once there is an arrest, the police have the grounds to search a car, including all containers and luggage within the car. Even if it is in the trunk if you c an access the trunk from the back seat.
Rodriguez v. United States
RECENT: 2015 SCOTUS. Extending a police search in order to conduct a dog sniff does not comport with the Fourth Amendment. Expect something on the exam involving extending a stop. This is the case to cite.
Pretextual stops are ok if there is an "objective basis" for the stop.
Whren v. United States
Maryland v. King
DNA from cheek swabs may be gathered at an arrest. Court compares it to fingerprints.
Maryland v. Buie
When making an arrest at a home, the police may make a protective sweep if there are articulable facts that a danger is posed.
Maryland v. Pringle
Ohio v. Robinette
After police stop for traffic infraction, officer continued questioning. In OHIO (remember the dual sovereignty which permits a narrower view based on a State constitution - this has come up a few times), officer must tell driver that they are free to go before engaging in interrogation (SCOTUS finds this to be unnecessary).
Police can't extend a stop for a dog sniff.
Rodriguez v. United States
Missouri v. McNeely
In blood draw cases, a warrant should be obtained barring exigent circumstances.
Michigan v. Summers
When making a search of a house, the officers may detain all present, even with handcuffs, while conducting a search. This is a Michigan case, so Carter may like it. Also, what was the case with the restrictive handcuffs?
Arizona v. Gant
Limits the search incident to arrest doctrine (REVERSES THORNTON). No search incident to arrest of an automobile if the suspect is secured away from the car.
Colorado v. Bertine
Inventory searches are permitted. Must be standard policy. If asked reasons why, mention fear of claims of theft / vandalism.
If drugs are found, there is probable cause to arrest all passengers in a car.
Maryland v. Pringle
Birchfield v. North Dakota
Fourth Amendment permits warrantless breath test to arrest for drunk driving. DOES NOT permit blood test barring exigent circumstances. Laws criminalizing refusal of breath test = ok. Laws criminalizing refusal of blood test = not ok.
Muehler v. Mena
It's proper to detain the innocent, even multiple occupants in tight handcuffs while conducting a search.