Case Law
The Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody.
What is Miranda?
Right to free religion, assembly, petition, press, and speech
What is the first amendment?
Needed to place someone under arrest
What is probable cause?
What is needed to search a house without a search warrant?
What is consent or exigent circumstances?
You stop a car for a broken taillight on National Boulevard. With no precontextual knowledge, can the stop for a broken taillight be used to investigate for drug violations?
Yes, reference Whren v. United States. NOTE: the stop cannot be extended to investigate without reasonable suspicion to do so
The Court found that the officer acted on more than a "hunch" and that "a reasonably prudent man would have been warranted in believing [the suspect] was armed and thus presented a threat to the officer's safety while he was investigating his suspicious behavior." Established the concept of reasonable suspicion.
What is Terry v. Ohio?
Protects against illegal search and seizure
What is the 4th Amendment?
Needed to search a person, vehicle, or house
What is probable cause?
The person that applies for a search warrant is referred to as
What is the affiant?
You stop a car for speeding and write a warning ticket to the driver. You hand the warning to the driver and tell him he is free to go. Can you ask for consent to search the vehicle once you tell the driver he can leave?
Yes. Once you have completed the traffic stop, your interactions with the driver become voluntary, be sure they feel the same way. Reference Ohio v. Robinette
The exigency for a search arises from the mobility of the automobile, which sets cars or any other mobile vehicles apart from the constitutionally protected, immobile threshold of the home.
What is the Carroll Doctrine?
Grants a defendant the right to a speedy and public trial
What is the sixth amendment?
Needed to frisk someone for weapons
The amount of time given to execute a search warrant
What is 48 hours?
You stop a car and the driver is acting squirrely. Can you direct the driver out of the vehicle without articulable reasonable suspicion? Can you detain or frisk the driver absent RS?
Pennsylvania v. Mimms allows you to direct the driver out of the car. Maryland v. Wilson extends this to passengers as well with no justification necessary. Terry v. Ohio still requires RS to frisk or detain.
To search a car incident to arrest, there must be probable cause that evidence for the reason of arrest is in the vehicle. E.g. serving and OFA for FTA does not give PC to search the vehicle.
What is Arizona v. Gant?
-Requires a grand jury indictment
-Protects against double jeopardy
-Due Process
What is the fifth amendment?
Needed to make a voluntary encounter
No level of justification
A document accompanying a search warrant that explains the probable cause that an officer presents for the issuance of a search warrant
What is the affidavit?
You receive an anonymous call about people using drugs in the parking lot at Lanier's one night. You locate a vehicle in the lot, but as you approach the vehicle leaves. The tags on the vehicle are good, and they do not commit a moving violation as they leave the area. Can you stop the vehicle based on the anonymous tip?
No. Reference: State v. Horton
Evidence found as the result of an illegal search will be inadmissible in a trial. Name of the case worth 500; bonus 300 if you can name the doctrine it created.
What is Mapp v. Ohio, which created the fruit of the poisoned tree doctrine?
The Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Needed to convict a defendant
What is proof beyond a reasonable doubt?
After a search warrant is served, this document should be left with the subject the search warrant was served on
What is an Inventory of Items Seized Pursuant to Search?
You see a needle in the driver's door pocket of a vehicle. The passenger denies consent for a search of her purse which is in the vehicle. Can you search the purse and all passengers in the vehicle?
Yes. Reference Wyoming v. Houghton