4TH AMENDMENT SEARCHES
The 1967 Supreme Court case that established the two-prong test for informant reliability.
What is Aguilar v. Texas / Spinelli v. United States? (later replaced by totality in Gates)
The famous 1966 case that created the Miranda warning.
What is Miranda v. Arizona?
The 1989 landmark case that created the “objective reasonableness” standard.
What is Graham v. Connor?
NRS chapter that governs Peace Officers’ rights and discipline.
What is NRS 289?
The 1973 case that said consent must be voluntary and not mere acquiescence to authority.
What is Schneckloth v. Bustamonte?
Nevada statute that specifically allows warrantless entry when an officer smells burning marijuana coming from a hotel room (post-2017 legalization change).
What is NRS 453.336? (NO – burning smell is still exigent for fire/health)
Exact words a Nevada suspect must use to unambiguously invoke right to remain silent (2020 Nevada Supreme Court).
What is State v. Smith – “I’m not answering any more questions” was sufficient?
1985 case that said deadly force may not be used on a fleeing non-dangerous felon.
What is Tennessee v. Garner?
Maximum hours a person can be detained in Nevada for investigation without formal arrest.
What is 1 hour? (NRS 171.123)
Three requirements for plain-view doctrine.
What are (1) lawful vantage point, (2) lawful right of access, (3) immediately apparent as evidence?
The 2018 case that said police need a warrant to obtain historical cell-site location data.
What is Carpenter v. United States?
Once a suspect asks for a lawyer, all questioning must stop until counsel is present unless the suspect does this.
What is re-initiates communication? (Edwards v. Arizona)
9th Circuit 2009 case that classified Taser in probe mode as intermediate force.
What is Bryan v. MacPherson?
Nevada bill passed in 2021 that banned the term “excited delirium” on death certificates.
What is AB 121?
Nevada is one of only a few states that still recognizes this common-law knock-and-talk exception allowing warrantless home entry if consent is given.
What is anything? (Still valid – just don’t be coercive)
Nevada is in this federal circuit that has ruled vehicle inventory searches may NOT be used as a pretext for criminal investigation.
What is the Ninth Circuit? (United States v. Garay, 2019)
The 2010 Supreme Court case that said a suspect must speak clearly to invoke silence (not just stay quiet).
What is Berghuis v. Thompkins?
Nevada legislation (bill number) that banned chokeholds except when deadly force is authorized.
What is AB 409?
NRS section that makes it a felony for a public officer to willfully violate a person’s constitutional rights.
What is NRS 197.200? (Oppression under color of law)
The 2021 Supreme Court case that abolished the community-caretaking exception for warrantless home entries.
What is Caniglia v. Strom?
The three specific exceptions to the warrant requirement recognized in Nevada for vehicle searches (name all three).
What are Search Incident to Arrest, Automobile Exception (probable cause), and Inventory?
Nevada rule: Juvenile suspects under this age must have a parent or attorney present for a valid Miranda waiver.
What is under 14? (NRS 62C.015 & In re Gault principles)
Supreme Court 2014 case that upheld shooting at a fleeing vehicle that posed imminent danger.
What is Plumhoff v. Rickard?
The only situation in Nevada where an officer may use deadly force to stop a fleeing suspect without an immediate threat of death or serious bodily injury.
: What is none? (Nevada follows Tennessee v. Garner – must pose significant threat)
Nevada statute that requires body-worn cameras to be activated during any “enforcement contact” or call for service.
What is NRS 289.830?