4th AMD General
Two cases used for the general rule for determining an occurrence of a search
What are Katz and Jones?
CA v Ciraolo and FL v Riley
What are two cases dealing with Aerial Searches?
Attaches after the time that adversarial judicial proceedings have been initiated against the Defendant
What is 6th AMD Right to Counsel (RTC)?
Under the rule the Court announced while reversing the Brown v. Mississippi convictions, any confession wrung from a suspect by beatings is automatically barred for this reason.
“What is that physical coercion makes a confession per se involuntary under the Due‑Process Clause?”
Because the privilege protects only testimonial compulsion, Schmerber v. California allowed police to seize this type of evidence from a DUI suspect’s body without violating the Fifth Amendment.
What is a warrantless blood sample (physical evidence)?”
Standing
What does a person need to challenge a search?
Areas outside the curtilage are considered “held out to the public” and are not protected by the 4th AMD
What is the 'open field' doctrine?
There is a 6th AMD RTC for physical lineups because post-indictment lineups have this 'label' in the court proceedings.
What is a 'critical stage'?
The stomach‑pumping episode in Rochin v. California gave rise to this evocative phrase the Court now uses for police conduct that offends fundamental fairness.
“What is conduct that ‘shocks the conscience’?”
To dispel the “inherently compelling pressures” of custodial interrogation, Miranda v. Arizona requires officers to recite these four specific advisements before questioning.
What are the rights to remain silent, that anything said can be used against you, to consult an attorney, and to appointed counsel if indigent?”
Third-Party Doctrine
What is: there can be no REOP in items/information voluntarily given to a third party or held out to the public
Thermal devices are an example of this.
What are devices not generally available to the public?
The In-Court identification was based on the witness’s own observations and not the improper lineup
What is one way the government/prosecution may obtain an in-court id by that witness if the pre-lineup violates the accused’s 6th AMD RTC?
When deciding whether psychological ploys in Spano v. New York overbore the defendant’s will, the Court applied this holistic test that weighs every relevant circumstance.
“What is the totality‑of‑the‑circumstances voluntariness test?”
When a suspect voluntarily visits the station, is told he is free to leave, and is not formally arrested—as in Oregon v. Mathiason—courts say he is not in this Miranda‑triggering condition.
What is custody for Miranda purposes?
Two Ways to Have Standing
What is a Personal Privacy Interest and Direct Impact on the Person?
Plain View Doctrine's three elements
Must have a valid/lawful reason to be at the place where the object is found
Police must be at a lawful vantage point
The object or evidence must be readily apparent
Extending Neil v. Biggers, the 1977 decision in Manson v. Braithwaite said even an unnecessarily suggestive identification may be admitted if it passes this overarching constitutional test focused on factors such as timing, view, and certainty
What is the totality‑of‑the‑circumstances reliability test?
Arizona v. Fulminante held that a confession obtained through a credible threat of prison violence is coerced, but a conviction can stand only if the State clears this harmless‑error hurdle.
What is showing the error harmless beyond a reasonable doubt?”
Under Rhode Island v. Innis, officers engage in “interrogation” whenever their words or actions are reasonably likely to elicit this from the suspect.
What is an incriminating response?”
3 Main Questions in the Analytical Framework for 4th AMD
1) Is it a search?
2) Was the search (i.e., govt. action) reasonable?
3) Any exceptions apply?
The Exclusionary rule does not apply to these two types of violations
1) Does not apply to statutory violations
Ex: Officer violates a trespassing statute
2) Does not apply to in-house violations
Ex: officer does not get supervisor approval
Although United States v. Wade made live lineups a “critical stage,” the Court’s 1973 decision in U.S. v. Ash announced that this widely used identification procedure is not a critical stage, so no Sixth‑Amendment counsel right attaches.
What is showing the witness a photographic array (photo‑spread)?
According to Colorado v. Connelly, a confession induced solely by the defendant’s own hallucinations is still admissible unless this key ingredient of coercion is present.
“What is state (police) misconduct or coercion?”
Citing the public‑safety exception in New York v. Quarles, the Court lets officers delay Miranda warnings when immediate questions are driven by this overriding concern.
What is an urgent need to protect public safety (e.g., locate a hidden weapon)?”