McDonald
is the 6th amendment right to jury trial applicable to state trial?
(HINT - Duncan v Louisiana)
Yes - but only to serious offenses - not petty ones
When is the 4th amendment implicated?
Govt action &
existence of REP
US v. Place
(HINT - administrative + 90 minutes)
while dog sniffs of luggage in airports are not a search, detaining luggage for 90 mintues = search
* sniff ok is quick, if delayed it is sick
What is a right without remedy?
a legal right without an effective remedy is meaningless.
Factors to consider when analyzing whether there is govt action in a search conducted by a private actor.
(HINT - 6 of them)
* PICKAP
Purpose: What was the primary purpose of the search?
Initiator: Who instigated or initiated the search?
Cooperation: What was the degree of cooperation between the government and the private individual?
Knowledge: Did the government have knowledge of the search?
Assent: Did the government assent to or encourage the search?
Presence: Was the government physically present during the search?
Aerial Surveillance
Riley Case expanded on Ciraolo
Plane at 1000 ft ciarolo
helicopter at 400ft
neither was a search - visible to naked eye
Open Fields Doctrine
US v Oliver - marijuana crops
Observations made from or of an open field do not implicate 4th A
Illinois v. Ceballes
(HINT - stop)
Drug sniff dogs ok for routine traffic stops, but prolonged = search.
Ex. can use or wait for dog if reasonable time, otherwise cant make D wait unreasonable time for dogs to show up.
what are the two types of info to support PC?
1. direct (info personally obtained/ observed by affiant)
2. Hearsay info
Dunn Factors
(HINT - curtilage v open field)
P - proximity to the home
E - enclosed?
N - nature of utilization
S - steps taken to keep trespassers off
what test did the Aguilar / Spinelli test replace?
TOC - Illinois v gates
Does someone need to be home when carrying out a valid search warrant?
What about an arrest warrant?
No for SW
Person you are arresting needs to be in the home***
When police are executing SW can they detain all persons on the premises?
What about searching them?
Yes, police can detain all persons on premises for reasonable amount of time (duration of search)
No, cannot search UNLESS independent PC exists for them
can police indefinitely retain a vehicle before conducting search? (HINT - how many days delay allowed/ length of invalid time?)
What should your analysis turn on?
Police cannot indefinitely retain a vehicle before conducting a search; delays must be reasonable, with the Supreme Court upholding a 3-day delay and invalidating a 1-year delay as unreasonable. (US. v Johns)
Analysis should turn on reasonableness of proceeding without warrant
Fl v Jardines
(HINT - curtilage)
Dog sniffing on curtilage w/out warrant = search
Post Gates, what relevance do the two prongs of the aguiar / Spinelli test have?
while the test was replaced by the TOC, the prongs of veracity and reliability plays a role in assessing the totality of circumstances
If police have PC to search a vehicle, may they search occupants belongings as well?
What about the person?
Yes, because passenger's belongings considered part of vehicles contents where there is PC to believe they contain contraband. A
As for the person - no they cannot unless they have independent PC for the individual cant base search of passenger person solely on the basis of PC for the vehicle.
What restrains apply to the MV exception, meaning when is a vehicle considered a home under 4th A?
US v Jones (trespass w GPS)
What were the two important concurrences from Alito and Sotomyer?
GPS tracking = search - need warrant regardless of public thoroughfares
Alito's View: Advocated for a privacy-based approach, suggesting that prolonged surveillance without a warrant infringes
Sotomayor's View: highlighted the need for a reevaluation of privacy expectations in the context of contemporary technology (3rd party doctrine)
Smith v Maryland (early case)
(HINT - dial)
BONUS - what is a modern argument against this?
No REP for numbers dialed on a phone
Third party doctrine est. meaning info voluntarily shared wi third parties like phone companies ≠ 4th a protections.
Modern argument against = in digital age b/c vast amounts of personal data shared w service providers
Good faith exception to warrant's validity
(HINT - US v Leon - reasonableness analysis)
If officer reasonably believes warrant is valid, the fact that later turned out to be invalid does not exclude evidence b/c officer acted in good faith upon execution.
Physically present co-tenant refusing entry to police, while other physically present co-tenant is giving consent to enter, who wins and why? explain the evolution of this decision.
Refusal Prevails - Georgia v Randolph (2006), established first, followed by Ca v Fernandez (2014) where the court clarified that if objecting co-tenant is lawfully removed then the remaining co-tenant's consent will validate the search.
Matlock Case established what?
Who assumes risk?
Mao - tenantis can consent to common areas of mutual use
Co - tenant assumes risk
Busamonte Case established what?
(HINT - consent issue)
Consent must be freely and voluntarily given
* overborne will
Steagald Principle
Ex. Farber goes to Taste home to discuss how great the crim pro students are doing. Police have warrant to arrest Farber. Can the police arrest Farber at the TAs home?
Police would need a search warrant to the TA's home in addition to the arrest warrant for Farber - otherwise TA's REP violated