Case Law (Essay)
New Jersey v. T.L.O. ruling + background + importance
What is 6-3 and a girl was found smoking, searched, and found to be selling marijuana. Important for not needing probable cause and for this test: whether the search was 1) justified at the start and 2) as the search was conducted, was it reasonably related in scope to the circumstances that justified the interference in the first place.
Carpenter v. U.S. ruling + importance + dissent?
What is
Vote: 5-4
Background: In April 2011, police arrested four men in connection with a series of armed robberies. One of the men confessed to the crimes and gave the FBI his cell phone number and the numbers of the other participants. The FBI then used this info to obtain access to the men’s phones, and they used this evidence against the men at trial. They said that this violated their Fourth Amendment rights, arguing that the FBI needed a warrant based on probable cause to obtain the records.
Majority: The government's warrantless acquisition of Carpenter's cell-site records violated his Fourth Amendment right against unreasonable searches and seizures. The Fourth Amendment protects not only property interests, but also reasonable expectations of privacy. Expectations of privacy in this age of digital data do not fit neatly into existing precedents, but tracking a person's movements and location through extensive cell-site records is far more intrusive than the precedents might have anticipated.
Dissenting: Justice Kennedy would find that cell-site records are no different from the many other kinds of business records the government has a lawful right to obtain by compulsory process. Justice Kennedy would continue to limit the Fourth Amendment to its property-based origins.
Reasonable Suspicion Doctrine
What is
Must suspect that a crime is being committed, has been committed, or will be committed
Based off of the facts and circumstances of the situation, would a reasonable person would have the same suspicion
Justice Scalia
What is supreme court justice, conservative
Knock-and-announce rule
What is
Evidence need not be excluded when police fail to follow the knock-and-announce rule, which means they must announce their presence and knock and then wait 20-30 seconds before entering a house because the interests violated by the abrupt entry of the police "have nothing to do with the seizure of the evidence."
New Jersey v. Thomas E. Best background + importance
What is kid had pill, car was searched and belongings, and it was ruled that probable cause is unnecessary for searches in schools
G.C. v. Owensboro Public Schools background + importance
Background: A student with a long history of discipline issues retained his Fourth Amendment rights when his school’s principal confiscated his cell phone after he was caught texting in class. The student, G.C., was told that one more rule violation would lead to the student being expelled from the school district. After he was caught texting the principal checked four messages on his phone out of concern for the safety of other students. G.C. was expelled and filed suit. The district court granted summary judgment to the school district and G.C. appealed
Decision : The Sixth Circuit held that the school district could not expel the student without due process and that the district court erred in granting summary judgment to the school district. The court also held that the reasonableness of a search should be judged on a case-by-case basis but the search of the G.C.’s cell phone messages was not justified by the student’s history of drug abuse and suicidal thoughts.
The 4th Amendment
What is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Justice Byron White
Who is supreme court justice who was expected to be liberal but was actually conservative
Gillette Almost Shooting
What is Principal Terry Quinn was tipped by a student that another student had a gun. He searched the student's locker and found the gun, and saved lives
Safford Unified School District v. Redding ruling + background + importance
What is 8-1, girl was strip-searched for ibuprofen based on an anonymous tip, court ruled it unconstitutional and that her 4th Amendment rights were violated
Florida v. J.L. ruling + background + importance + dissent?
Vote: Unanimous
Background: Miami police received an anonymous tip that a black man wearing a plaid shirt was standing near a bus stop carrying a gun. Officers who responded found three men, one of which was J.L. and wearing a plaid shirt. They frisked him and found a firearm, and charged him for carrying without a proper license. At trial, he claimed that their frisking him was illegal due to the 4th Amendment.
Majority: RBG said that the anonymous tip about J.L. did not meet the minimum requirements for search/seizure. An anonymous tip must possess a moderate level of reliability, including "predictive information" that offers police a "means to test the informant's knowledge or credibility." An accurate description of a person without a reliable assertion of illegality or description of the crime in question, as was the anonymous tip in this case, does not meet this standard. "All the police had to go on in this case was the bare report of an unknown, unaccountable informant who neither explained how he knew about the gun nor supplied any basis to believe he had inside information."
Wyoming State Statute Number and premise
9-1-603,
Establishes a call center to accept information related to the school and student safety issues, identities of reporters will be unknown (Safe2Tell)
Assist in the delivery of that information as necessary (to law enforcement, emergency response, school district officials)
Justice Potter Stewart
Who is supreme court justice, liberal
Exclusionary rule + examples
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution (does not apply in civil hearings)
Unlawful wiretap
Lack of probable cause
Illegal detention
Coerced confession or admission
Warrantless search
Improper seizure
Alabama v. White ruling + background + importance + dissent
What is 6-3, anonymous tip that White had coke in her car, ruled that an anonymous tip equals reasonable suspicion, dissent ruled that means anyone can call in a tip just bc they dislike someone
United States v. Leon ruling + background + importance + dissent
Vote: 6-3
Background: Leon was the target of police surveillance based on an anonymous tip. The police applied for a search warrant of his home and it was issued, leading to the discovery of illegal drugs. Leon was indicted for violating federal drug laws. Violation of exclusionary rule?
Majority: The exclusionary rule doesn’t apply to evidence obtained by law enforcement officers who acted in good faith on a search warrant properly issued but later found to be defective.
Dissenting: The Fourth Amendment must be read to condemn not only the initial unconstitutional invasion of privacy, but the subsequent use of illegally obtained evidence.
In Loco Parentis Doctrine and Silver Platter Doctrine (plus overturn)
What is
Acting or done in the place of a parent
Legal responsibility of a person/organization to perform some of the functions of responsibilities
and
Allowed a federal court to admit illegally obtained evidence by a state police officer, as long as a federal officer didn’t participate in or request the search
Probable Cause
What is
Reasonable grounds for making a search, pressing a charge, etc. that has to include concrete evidence. (Higher standard than reasonable suspicion).
Observation using the senses to detect signs of criminal activity, such as smelling marijuana or seeing a weapon
Using an expert to recognize when an individual is guilty of a crime, such as a fingerprint analyst
Viewing circumstantial, or indirect, events that suggest criminal activity, such as matching fingerprints at a crime scene
Pat McCoon said that "probable cause means that a reasonable person would conclude that a crime was being committed"
Supreme court rulings on reasonableness when it comes to regional awareness
What is ? look it up
Elkins v. U.S. ruling + background + importance + dissent
What is 5-4, Elkins illegally wiretapped people, was convicted, silver platter was overturned which overturned Elkins' conviction, and the extension of the exclusionary rule was criticized bc he'd already been convicted at the state level.
Hudson v. Michigan ruling + background + importance + dissent
Vote: 5-4
Background: Hudson was convicted of drug and firearm possession in state court after police found a gun and cocaine in his home. They had a search warrant, but didn’t follow the “knock and announce” rule.
Majority: The exclusionary rule couldn’t be applied for evidence obtained after a “knock and announce” violation because it had nothing to do with the seizure of evidence.
Dissent: the court had supported the exclusionary rule for a long time and doubted that “knock and announce” violations could be prevented without excluding the evidence obtained from the searches.
3 Other Rights with Exceptions OR Third-Party Doctrine
1st Amendment: no fighting words, incitements to violence, fire in a theater, dress codes
2nd Amendment: no guns in churches and other public places
4th Amendment: airport searches
7th Amendment: does not guarantee trial by jury in cases under maritime law, in lawsuits against the government itself, and for many parts of patent claims
The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers, and e-mail servers—have "no reasonable expectation of privacy" in that information.
Exceptions to the exclusionary rule
What is
Good Faith Exception
When officers had “good faith” that they are acting according to the law, even if later their warrant is declared to be insufficient or something like that, illegally seized evidence is admissible in court contrary to precedent established in Mapp v. Ohio
and
Inevitable discovery
Inevitable discovery: permits using illegally obtained evidence if the prosecutor can prove that such evidence would have been lawfully discovered in the course of a routine, predictable
Other places the exclusionary rule applied
What is Weeks v. United States?
Vote: Unanimous
Background: Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail. This was done without a search warrant. Weeks took action against the police and petitioned for the return of his private possessions.
Majority: The Court held that the seizure of items from Weeks' residence directly violated his constitutional rights. The Court also held that the government's refusal to return Weeks' possessions violated the Fourth Amendment. To allow private documents to be seized and then held as evidence against citizens would have meant that the protection of the Fourth Amendment declaring the right to be secure against such searches and seizures would be of no value whatsoever. This was the first application of what eventually became known as the "exclusionary rule."