Probable Cause/ Reasonable Suspicion
Standard for probable cause?
What is: More than a hunch, but less than a preponderance (aka a "fair probability" of criminal activity
"The right of the people to be secure in their _______, _______, _______, and ______ against unreasonable searches and seizures. . ."
What are: persons, houses, papers, and effects
True or False: Warrants are always needed to conduct a lawful search or seizure
What is: False
Where Thurgood Marshall worked
What is: The NAACP
The case that provides the standard for searches and seizures within schools
What is: N.J. v. T.L.O (reasonable suspicion)
The difference between an objective expectation of privacy and a subjective expectation of privacy
What is:
Objective: recognized by society
Subjective: varies from person to person
Alexis was driving home after a party when she was pulled over by Officer Jackson. After conducting a field sobriety test, Officer Jackson concluded that Alexis was drunk and arrested her. Officer Jackson then searched her vehicle and found illegal weapons.
Which exception to the warrant requirement is applicable in this case? (Hint: there may be two correct answers)
1. Search incident to a lawful arrest
2. Automobile Exception
The reason Marshall & Friedman are representing their client
What is: He was accused of rape.
The holding in Terry v. Ohio
What is: Officers can conduct "stop & frisks" when they have reasonable suspicion that criminal activity is afoot
True or False: A police officer stopping you in a public park and asking for your identification is a seizure of your person
What is: False
The four requirements for a warrant
What are:
1. Good Faith
2. Probable Cause
3. Issued by a neutral and detached magistrate
4. Specific
(1) SB8- Texas Abortion Law
(2) California Recall Election
Principal Moira heard from several students that David, a sophomore, had been stealing supplies from the art room. Principal Moira stood outside of the art room and saw that David went into the room and came out a few minutes later carrying a full backpack. Principal Moira stopped David and told him to remove the contents of his bag. Upon looking through the backpack, Principal Moira found no art supplies.
What is the proper 4th A standard in this situation, and did Principal Moira satisfy that standard?
What is: reasonable suspicion- yes!
Chris is a private investigator who hates the government. They have worked as a P.I. for forty years and have helped bring numerous civil cases against government parties. Detective Little sees an ad for Chris's P.I. services in the newspaper and hired him to help on a big drug case. While scoping out a primary suspect for the case, Chris sees who he believes to be Rolanda, the leader of a notorious drug cartel. Chris recognizes Rolanda's unique green and red hair. As a result, Chris promptly stops Rolanda and orders her to get into his car so he can take her to the station.
Could Rolanda argue that her fourth amendment rights had been violated?
What is: Yes- (1) Chris was acting as a government agent; (2) Her person was seized; (3) there was no warrant; (4) the search was arguably unreasonable
3 Exceptions to the Warrant Requirement
What are:
1. Search Incident to a Lawful Arrest
2. Abandoned Property
3. Consent
4. Exigent Circumstances
5. Plain View Doctrine
6. Automobile
What is the purpose of the exclusionary rule?
Eleanor loved cocktail shrimp. In fact, she frequently would steal shrimp from fancy restaurants in her neighborhood. One day, mailman Chidi was delivering mail to the fancy restaurant "The Good Place," when he saw Eleanor fill her purse with unpaid shrimp. He immediately stopped her and searched her purse, finding dozen of shrimp.
Were Chidi's actions constitutional?
What is: Yes
(1) Chidi is a government agent
(2) He searched Eleanor's Purpose
(3) There was no warrant
(4) BUT, he had probable cause because saw her take the shrimp in a public place (arguably plain view doctrine)
Leslie Knope loved breakfast food more than anything. She even had a special, stretchy sweatsuit she would wear to eat breakfast. One morning, Leslie was driving to meet her best friend, Ron, for breakfast. Leslie was speeding because she was running late. Officer April pulled Leslie over for speeding. Officer April noticed Leslie's baggy clothing and became concerned that Leslie might have been concealing weapons. Therefore, Officer April ordered Leslie out of the vehicle, where she patted Leslie down and found marijuana on her person. Officer April arrested Leslie for possession of an illegal drug.
Is this arrest constitutional? Why or why not?
What is: No. Officer April will likely argue that Leslie's baggy clothes led her to have reasonable suspicion that Leslie had weapons on her person (i.e. a Terry Stop/Stop & Frisk). However, in order for a Terry stop to be valid, the reasonable suspicion must be connected to the crime the officer believes is afoot, and that is not the case here.
Prison Mike was recently released from prison after serving 10 years for paper trafficking, which is a felony in Scranton. Officer Dwight hated Prison Mike and strongly believed that he should spend his life behind bars. After hearing that Prison Mike was being released, Officer Dwight applied for a warrant, believing that it was only a matter of time before Prison Mike started trafficking paper again. Magistrate Angela, relying on Officer Dwight's descriptive Affidavit, granted an arrest warrant. Officer Dwight promptly arrests Prison Mike.
Is this warrant valid? Why or why not?
What is: No. Officer Dwight did not apply for the warrant in good faith AND there was no probable cause.
Johnny has worked for the post office for 50 years. Every Saturday after work he and his co-worker, Tim, get dinner. This Saturday, dinner was hosted at Tim's. While there, Johnny saw what he believed to be were his favorite sneakers in Tim's backpack. Johnny searched through the backpack and found his favorite sneakers.
What is the problem if Tim tries to argue that his fourth amendment rights were violated?
Even though Johnny works as a government agent, he was not acting within the scope of his employment during the search. Therefore, the 4th A cannot be raised because there no government action.