Constitutional
Rights
Rights
These types of confessions are inconsistent with due process:
Coerced Confessions/Confessions Produced by Torture
Name the Doctrine:
A person has no legitimate expectation of privacy in information that he voluntarily turns over to third parties.
The individual assumes the risk that the third party will reveal this information to others, including the police.
Third Party Doctrine
What makes a search/seizure reasonable?
Probable Cause
The item or person to be seized - officers can only search places in which the item can be found.
Pre-textual Stops
Pretext does not implicate the fourth amendment so long as there was probable cause for the actual stop.
Who does the fourth amendment protect, and what does it protect against?
The 4th amendment protects individuals from government actions
What is the Katz two-prong test?
Expectation of Privacy Test:
1. The individual must have exhibited a subjective expectation of privacy, and
2. That expectation must be one that the rest of society is prepared to find objectively reasonable.
Define Seizure
Meaningful interference with an individual's possessory interests in that property.
What are the exceptions to the warrant requirement?
Exigent Circumstances
Search incident to lawful custodial arrest
Cars and Containers
Inventory Search
Consent
What is the Summers Rule?
When executing a warrant, police can detain occupants inside the home, or immediately outside the residence upon their arrival.
The Due Process Clause is in which amendment?
14th Amendment
When does the Katz two prong test not apply?
When there is a physical trespass.
When is a person seized for purposes of the 4th amendment? What is the standard?
When a reasonable person in the defendant's position would not feel free to leave - or the person submits to the show of police authority, or the police subdues or restrains the individual.
Standard: Totality of the Circumstances
What is the community caretaking function and what is the standard?
The police do not need a warrant when they are entering a home as part of their community care taking function - i.e., reason to believe someone needs medical attention, welfare checks, etc.
Standard: Reasonableness
Plain-View Doctrine
Officer is lawfully on the scene
The item is in plain view
Criminality of the item is immediately apparent
What is the due process clause?
■No state can make or enforce law violating people's privileges or immunities;
■Nor shall any state deprive citizen life, liberty, or property without due process.
What is the Open Fields Doctrine?
What is an open field?
Entry by the government into an open field does not implicate the the 4th amendment.
Open fields are the unoccupied or undeveloped area outside the curtilage of the home.
Who determines probable cause when an arrest is made without a warrant?
Who determines probable cause to issue a warrant?
The police - and then, within 48 hours, a neutral and detached magistrate.
A neutral and detached magistrate.
Exigent Circumstances
Instances where police can make a warrantless entry, search, or seizure in circumstances that demand immediate action such as a threat to human safety, the likely escape of a suspect, or destruction of evidence.
Consent - What is the Standard? What is the test?
Test - Voluntariness
Standard - Totality of the Circumstances
Consent must be given voluntarily, express or implied; without duress, or coercion
What rights are encompassed in the 6th amendment?
■Right to a speedy, public, & jury Trial
■Right to be informed of nature and cause of accusations
■Right to be confronted by witnesses
■Right to subpoena witnesses
■Right to assistance of counsel
Name the Doctrine
There is no expectation of privacy in things that you knowing disclose to other individuals, even those you believe are your friends and whom you ask not to share the information.
False Friend Doctrine
What can police seize without a warrant?
Contraband
Fruits of a Crime
Instrumentality of a Crime
Mere Evidence
Search Incident to Lawful Custodial Arrest
When police make a lawful arrest without a warrant, they may search only the arrestee and the area within the immediate control or reach.
3rd Party Consent
Any occupant who resides in the home. At a minimum, an overnight guest has authority to consent.
What rights are encompassed in the 4th Amendment?
Right against unreasonable searches & seizures
Requires warrants based on probable cause supported by sworn statements.
What are the 4 factors in the Dunn test and what is the Dunn 4-Factor Test for?
Determining whether an area is open field or curtilage:
1. Proximity of the area to the home
2. Whether the area is enclosed
3. Nature of the use to which the area is put
4. Steps taken to prevent observation by those passing by.
What test is used to determine probable cause?
Totality of the Circumstances - including veracity and basis of knowledge.
When police make a lawful and custodial arrest of the occupant of an automobile, he may search the passenger compartment of the car and the contents of any containers found therein if the suspect is not yet secured.
Bolton Rule
Police may search a vehicle incident to a recent occupants arrest when it is reasonable to believe that evidence of the offense of arrest will be found within the vehicle. In this instance, the police may search the passenger compartment of the vehicle, the trunk of the vehicle and containers therein. This rule applies even if the arrestee is detained and no longer in reaching distance of the vehicle.
Gant Rule