Search and Seizure
Traffic stop, investigative detention, arrest, warrant, and show of force
What is a seizure
The Big Pictures
What is the Totality of the Circumstances?
Right to remain silent, Right to counsel
What is Miranda rights?
The first ten amendments to the U.S. Constitution
What is the bill of rights
what is that police can "stop and frisk" individuals they reasonably suspect are armed and involved in a crime
Terry v Ohio
Searching persons for evidence, searching places and things for evidence, seizing evidence
What is the 4th amendment regulations?
Voluntary Encounter, Investigative detention, and arrest
What are three types of police encounters with citizens
What happens if someone says they want a lawyer after you read them their Miranda rights
What is stop questioning
Freedom of speech, religion, press, assembly, and petition
What is first amendment
Arizona v Gant
what is search incident to arrest
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable Searches and seizures
What is 4th Amendment?
Pat down of outer clothing in search of weapons.
What is Terry Frisk?
What happens if I ask incriminating questions without reading you Miranda?
What is any evidence that is obtained in their conversations with you may be inadmissible in court?
(fruit of the poisonous tree)
4th Amendment
what is protects people from unreasonable searches and seizures by the government
an unarmed fleeing felon who poses no immediate danger to the public
what is Tennessee v. Garner
Exceptions to the search warrant requirement
What is consent, incident to lawful arrest, motor vehicle exception, exigent circumstances?
Evidence not admissible in court.
What is the exclusionary rule
When in custody and want to ask incriminating questions.
What is when you should read Miranda?
7th Amendment
What is protects the right to a jury trial in federal civil cases and prevents judges from overturning a jury's findings
Rodriguez v. U.S
What is need reasonable suspicion to prolong a stop to further investigation
There are 4 categories of items that police may seize as evidence
What is fruits of the crime, instrumentalities used to commit the crime, contraband, mere evidence
Three exceptions to the warrant requirement
What is hot pursuit, consent, exigence circumstances
This case argues blood test violate the 5th amendment
what is scmerber v. Cali
protects citizens who are accused of a crime by giving them certain rights such as the right to a speedy trial
What is 6th amendment
U.S v Place
What is dog sniff of luggage or property in public place doesn't violate the 4th amendment.
(sniff is not a search)