How to Brief a Case
Warrant Exceptions
Grab Bag
Interrogation
Warrant/ Warrant Exceptions Part II
100
What term describes the background information in a case?
Facts
100
Jack throws the gun he used to murder his wife into his kitchen trash. He then takes out the trash, and puts it on the curb. The police go through his trash and find the gun. Does any warrant exception apply if so what exception?
Garbage exception
100
What school do Ms. Reddy and Ms. Mediros go to?
Uconn Law
100
Either of these by the police can mean a person is being interrogated. Hint: they are part 1 of the 4 part definition of interrogation
Words or Actions
100
Police officers got evidence through an illegal search. What happens to the evidence? Include the specific vocab term that goes along with this
The exclusionary rule applies. The prosecutor cannot use the evidence from the illegal search, the evidence is excluded. The prosecutor must rely on other evidence to convict the defendant
200
This is the question the court is trying to answer
The issue
200
Morgan is an FBI agent who walks past his neighbor's house and sees a marijuana plant in the window. Does a warrant exception apply and if so what exception?
Plain View
200
Define custody
A period of time during which a person has been deprived of freedom of action. If a person doesn't feel free to leave, then they are in custody (the test for custody)
200
What are the 4 questions we ask to figure out if a suspect was in fact interrogated
1. Words or actions by the police 2. Were the questions ikely to get an incriminating response from the suspect 3. Was it interrogation from the viewpoint of the suspect 4. Should the police have expected the suspect to give an incriminating response
200
Police are searching for a missing girl. They know she was wearing a yellow sweater with purple flowers on it when she was kidnapped. They are looking around her neighborhood and see a yellow sweater with purple flowers in Bill's yard. Bill's yard has a fence around it. Do the police need a warrant? If not, what exception applies?
The police do need a warrant since the sweater is in curtilage of Bill's home so he has a reasonable expectation of privacy. No warrant exception applies
300
JJ is pulled over for swerving while driving on the highway. The police searched her car and found evidence of a murder (a gun and a dead body). Do any warrant exceptions apply and if so what exceptions?
2 warrant exceptions apply: automobile exception & search incident to arrest
300
Who are the two people who can issue a warrant?
A judge and a magistrate
300
Define incriminating response in your own words.
An incriminating response is something the suspect says that makes in either more or less likely that they committed a crime. Their statement can be used against them in court
300
What are the two parts of the stop & frisk test? Focus on using the key legal words to get the test correct
1. Was the stop justified? 2. Was the scope of the search justified/ reasonably related to the stop?
400
What vocab word is defined as "this is written by a judge when they do not agree with the holding of the other judges on a court"
Dissent
400
Hank is a DEA agent. He believes that someone is cooking meth in a mobile home. He found the mobile home in a junkyard with no wheels on it. The windows of the mobile home are covered with curtains. Can Hank enter the mobile home? If he can what warrant exception applies?
Hank can't enter the mobile home since the mobile home is less like an automobile and more like a person's house (no tires so not mobile and there are curtains). The automobile exception doesn't apply then.
400
According to the 4th Amendment, people have the right to be free from unreasonable __________________________ and _____________________.
searches and seizures
400
Nate is being held in jail. He was NOT told his Miranda rights. Nate is sharing a cell with Zach, an undercover cop. Nate confesses his crimes to Zach. Can the confession be used against Nate?
Yes it can. Miranda warnings are meant to protect suspects from confessing because they are scared of police officers. It does not apply to statements suspects make to people they do not think are police officers
400
Spencer and Kate are dating. Since Spencer spends a lot of time at Kate's he pays part of her electric and cable bills. The police show up at Kate's house and ask to come in and search her place for evidence of Kate selling drugs. Spencer tells the police to come in. The police know that Spencer pays part of Kate's bills Q1: Was the search legal? Q2: Do any warrant exceptions apply? if so, what exceptions?
The search is legal. This is a consent search since it was reasonable for the police to believe that Spencer lived with Kate since Spencer didn't give the police any indication that he did not have the authority to give consent to the search
500
List 3 cases that we have read or discussed so far in this unit. You must include the name, not a description of the case. Use the ______ v. ________ format for full points
Katz v. US Arizona v. Hicks US v. Whren Terry v. Ohio Chimel v. CA Mapp v. Ohio Hester v. US Miranda v. Arizona Carroll v. US CA v. Carney
500
The FBI is investigating a serial killer. They know the serial killer murders women while blasting Kanye's new album (TLOP) in the background. Karen calls the FBI to tell them that her neighbor is listening to TLOP very loudly. The FBI shows up and can hear a TLOP and a woman screaming. The FBI runs onto the property and can see the woman being murdered in the backyard which is not fenced in and can be seen from the street. Do any warrant exceptions apply? If so what exceptions?
The hot pursuit/emergency exception applies since they could hear a woman screaming. The plain view exception can also apply since the murder could be seen from the street.
500
When a person is searched while the police are arresting them, this is called a search __________________ to _______________.
search incident to arrest
500
Tito is arrested for murdering a 6 year old girl. The body of the little girl hasn't been found though. He is in the back of the police car being driven to the police station when he hears the police officers talking to one another about how sad it is that the little girl's family won't be able to bury her and how Tito could probably get a reduced sentence if he told the police where the body is hidden. Tito tells the police officers where the body is. He was not read his Miranda rights. Can Tito's statement about where he hid the girls body be used against him in court or were his Miranda rights violated? Use the 4 questions to answer this question
Tito's statement can't be used in evidence. Tito was not read his Miranda rights and even though the police were not directly talking to Tito they should've known that their guilt trip would've gotten him to provide an incriminating response
500
What are the 3 things needed to execute a warrant:
1. probable cause 2. oath or affirmation 3. specificity
M
e
n
u