Searches
This doctrine permits police to enter and search a large area/field without a warrant or probable cause
what is the open fields doctrine
when can law enforcement arrest a person without a warrant?
when the crime was committed in their presence or with probable cause
must be expressly and unambiguously invoked
once invoked, cops cannot ask questions pertaining to THAT crime
waiver can be done expressly and impliedly
what is your Miranda right to silence
Based on the totality of the circumstances, once an officer executes a valid arrest, they are allowed to search the area within the arrestee's immediate control. The area within the arrestee's immediate control is generally considered "an area where one might gain access to a weapon or destructible evidence."
what is search incident to arrest
from "arraignment to trial"
when 6A right to counsel is attached; at "critical stages"
Powell v. Alabama
the following approaches are used to determine if a search occurred
the katz test
the trespass test
this case established that seizure occurs when
(1) a reasonable person would not feel free to leave; or
(2) a reasonable person would not feel free to terminate the encounter (with law enforcement)
what is the Mendehall case
which established what a seizure is, outside the scope of an arrest
the prerequsities to Miranda are?
In custody
Interrogation
the gov't is at the height of it's power and can search your items (car, luggage, etc.), without probable cause or a warrant
at the international borders
note that LE needs *something more* to keep you longer to search your person
"knowingly, voluntarily, and intelligently"
No, counsel does not need to be present
the elements to determine if something is curtilage
(1) the proximity of the area claimed to be curtilage to the home
(2) whether the area is included within an enclosure surrounding the home
(3) the nature of the uses to which the area is put and
(4) the steps taken by the resident to protect the area from observation
only to search for weapons upon reasonable suspicion
WHAT IS A MF TERRY STOP
congress and cops
two groups of white dudes who can't circumvent Miranda rules
Based on the totality of the circumstances, after a valid arrest, law enforcement may be able to enter into the arrestee's vehicle in two scenarios:
Scenario (1): the arrestee has to be unsecure and the automobile is accessible.
Scenario (2): law enforcement has "reason to believe" there is evidence related to the arrest inside the car (we do not know what the appropriate standard for this is).
what is the search incident to arrest automobile exception
the concept that once your right to counsel is invoked under 6A, law enforcement can continue to ask you questions about other crimes
what is offense specificity
under this approach, law enforcement can search your trash because you do not have a reasonable expectation of privacy in items you give away
3rd Party Doctrine
anyone present
An emergency, booking, and impeachment
what are exceptions to Miranda
Based on the totality of the circumstances, there was an objective belief that an emergency exists(ed) and cops responded without a warrant
what is the emergency exception
statements thrown out
physical evidence may be let in through an exclusionary rule analysis
to determine if an area is constitutionally protected, we look at...
(1) the intent of the framers
(2) uses to which the individual has put the location
(3) societal understanding that certain areas deserve protection from gov't intrusion
threatning presence from law enforcement, law enforcement's weapon is displayed, law enforcement physically touches the individual, and law enforcement's language or tone compels one to comply
All are factors considered in determining what?
If there was a seizure under ToC
the concept that once you invoke your right to counsel under Miranda, cops cannot ask you any further questions and all waivers after that are considered invalid unless the accused initiates the conversation with law enforcement
what is the Edwards Presumption
what are the 5 elements of a valid warrant
Description of probable case
oath/affirmation (usually an affidavit)
signed by neutral/detached magistrate
time for execution
particularity describing things to be seized/searched
(1) whether the informant was paid on a contingency basis
(2) whether the informant passively listened rather than engaging a defendant in a conversation
(3) whether the defendant's incarceration/confinement made him particularly susceptible to the subtle influences of the gov't and/or the ploys of undercover gov't agents
what are factors to determine if an informant deliberately elicited information
(violation of 6A rights and potentially 14A rights due to voluntariness)