Required for a search and seizure within the meaning of the Fourth Amendment
What is probable cause and a search warrant.
100
When a car is in police custody, an administrative search may be conducted without probable cause or a warrant.
What is Bertine / Inventory search of car?
100
This should always be said once a defendant is in police custody.
What is Miranda rights?
100
Quarles - Cops do not Mirandize D, D tells cops where the gun is, in a grocery store.
What is Public safety exception case
200
Intent behind Exclusionary rule
What is deter police misconduct?
200
Two exceptions to the warrant requirement
What is exigent circumstances and car searches.
200
Terry Stop Scope and Standard
What is interior of the car for weapons (no trunk), and RAS that suspect is dangerous and may gain immediate control of weapons. You may pat down exterior of containers.
200
6th Amendment invoked
What is after arraignment?
300
Case that held that a criminal defendant's Fourth Amendment rights are not violated when police mistakes that lead to unlawful searches are merely the result of isolated negligence and "not systematic error or reckless disregard of constitutional requirements."
What is Herring v. United States?
300
In a Robinson car search, I, as the passenger, lack ______ to contest the search.
What is standing?
300
Ross, Carney, Carroll
What is PC to believe there is contraband in the car
300
Test and case for police interrogation
Reasonable likely to elicit incriminating response, Innis
300
Patane
What is Exclusionary rule does not apply to physical evidence obtained in violation of 5th amendment warnings, as long as statements are voluntary.
400
Four exceptions to the exclusionary rule
What is good faith reliance, fruit of the poisonous tree, independent source and inevitable discovery.
400
2 factors required to adopt a 4th Amendment requirement of privacy
What is 1) subjective intent, and 2) exception that society is prepared to recognize as reasonable.
400
Arizona v. Gant Rule - Search incident to a lawful arrest rule for automobiles
Extra points: Scope of the search
What is 1) The arrestee can at the time of the search gain access to the vehicle and pull out weapons or destroy evidence, and 2) Office has reasonable belief that evidence of THE offense might be found in the vehicle.
Extra points: Interior + containers, but no trunk.
400
Miranda rights
What is Right to remain silence, right to an attorney appointment if you cannot afford one, any statement will be used against you, do you waive your rights?
400
Massiah holding and 2 exceptions
What is Once 6th attaches, no direct communication with D by government agents
1) Evidence can be used for other cases
2) Can be used on 3rd parties
500
Good faith rule and four exceptions under Leon
What is If police reasonably rely on a warrant issued by a neutral magistrate, it will not be suppressed by in federal court.
1)Magistrate issued, knowing it would be false.
2)Magistrate failed to act in a neutral manner.
3)No PC in affidavit.
4)No one could believe affidavit was valid.
500
Name all seven times that police do not need a warrant or probable cause for a search
What is dog sniff, search of garbage, 400 feet above air, plain view, consent, abandoned property, one-party consent.
500
Four searches incident to arrest in homes allowed (cases) for weapons, contraband and evidence
What is
1)Places where people might be hiding (Buie)
2)Reachable search area (Chimel)
3)D's person and containers (Robinson)
4) Plain view search
500
Interrogation only if known government agent. Case name.
What is Perkins
500
Montejo (6th) Waiver allowed when:
What is 1) Given Miranda and voluntary waiver, 2) Counsel is present and waiver, and 3) D initiates and waiver.