Miranda
Do people taken into custody always need to be read their Miranda Rights
No
what is the fourth amendment
the right to be protected from unreasonable search and seizure.
what is the automobile exception
the rule that warrantless searches of cars and their contents are permitted by the 4th amendment, provided probable cause exists
A valid warrant must describe this clearly, such as address, owner, and building type
location to be searched
This case created the legal rule allowing stop and frisk based on reasonable suspicion
Terry v. Ohio
What are the 2 requirements needed for Miranda to be read
When the person is in custody (not free to leave) and being interrogate
Officers may briefly detain someone based on reasonable suspicion under this legal standard.
Terry Stop
A police officer may search these areas if they have probable cause to believe contraband is inside
glove box, trunk, and closed containers found in the car
Judges use this test when deciding whether there is enough evidence to issue a warrant.
What is the totality of the circumstances?
This is the legal standard required to justify a brief investigatory stop.
Reasonable suspicion
What are the Miranda rights
The right to remain silent and the right to an attorney
These 2 exceptions stem from an officer seeing something, even though they don't have a warrant
Plain view and open fields
A search may continue after this happens, as long as probable cause was present during the stop.
Impoundment
Clue: Officers can use this type of informant as long as the information is corroborated.
What is a confidential or anonymous informant?
This is what officers must suspect to justify a Terry stop.
Answer: What is that a crime has occurred, is occurring, or is about to occur?
What is that a crime has occurred, is occurring, or is about to occur? Or that a person is a threat to an officer or public safety.
This common law enforcement activity is not considered custodial and typically doesn’t require Miranda warnings.
Traffic stop
What are the exceptions where the people being searched have no expectation of privacy
Search incident to arrest and prisoners, probationers, and parolees
The existence of this is the key to the search, and no exigency has to exist for a police officer to conduct such a warrantless search
Probable cause
What is the word in a warrant that describes the ability to search the specific location and the surrounding area
Curtilage
Unlike a Terry stop, this police action requires probable cause and typically results in detention.
Arrest
Name all 6 exceptions to mirandizing
Volunteered statements – not interrogations, so no requirement
Routine (informational) questions
Questioning in interest of public safety
Spontaneous questioning by police
Undercover officers not required – no custody and no police dominated atmosphere
Routine traffic stops – not considered custodial
The main warrant exceptions
–Consent searches
–Terry stop
–Stop and frisk
–Plain view
–Search incident to arrest
–Preservation of evidence
–Emergency responses and hot pursuit
–Community caretaking
The Supreme Court has ruled that officers can move objects to see this unique car identifier.
The vehicle identification number (VIN)
Clue: This is the difference between the probable cause and reasonable suspicion standards.
What is the level of certainty required (probable cause is higher than reasonable suspicion)?
Describe a situation where a terry stop would be justified
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