4th amendment
This amendment protects “persons, houses, papers, and effects” from unreasonable searches and seizures.
What is the 4th Amendment
Meaningful interference with a person’s possessory interest in property constitutes this.
What is a seizure?
Contraband like drugs, fruits of crime like money from drugs, instrumentalities like drug spoons, or mere evidence like a blood stained shirt
What are seizable properties?
After suspect invokes privileges, police continue to interrogate further without stopping and giving new warnings
What is a 5th amendment violation?
Because of this the 6th amendment attaches.
What is a triggering event?
This rule bars evidence obtained in violation of the Constitution from being used at trial.
What is the exclusionary rule?
Areas beyond the curtilage of a home, even if fenced or posted with “No Trespassing,” fall under this unprotected category.
What are open fields
Officers may search a person and the area within their immediate control during this type of lawful action.
What is a search incident to arrest?
Statements arising our of custodial interrogation that are not admissible unless the government can demonstrate that these procedural safeguards were followed
What is the Miranda Rule
Does not bar police from questioning a defendant about unrelated crimes.
What is the offense specific aspect of the 6th amendment right to counsel?
This exception allows warrantless vehicle searches when a car is operable and police have probable cause.
What is the automobile exception?
Under this doctrine, police can briefly detain and sometimes frisk individuals based on reasonable suspicion.
What is the Terry doctrine / stop and frisk?
Probable cause, oath or affirmation, particularity, and neutral and detached magistrate
What are the elements of a search warrant?
There is an objectively reasonable need to protect the public or the police
What is the public safety exception?
A defendant’s statement is used against him and that statement was “deliberately elicited” by law enforcement in the absence of his counsel
What is a Sixth Amendment right to counsel violation?
When evaluating probable cause, courts use this “common-sense” test looking at all the circumstances
What is the totality of the circumstances test?
Police may conduct searches without warrants in contexts like TSA screenings or DUI checkpoints due to this overarching rationale.
What are special needs exceptions?
Reasonable suspicion that under circumstances would be dangerous, futile, or undermine the investigation
What is the standard for no-knock entry?
Exception to Miranda in which subject does not need to be read their rights
What are booking quesions?
Awareness of the rights and meaningfully know
What are the two things that we need to find for a successful waiver?
Evidence first seen unlawfully may nonetheless be admitted if later found through a separate, lawful avenue.
What is the independent source doctrine
A defendant is entitled to this hearing when they show that a warrant affidavit contains intentional or reckless false statements.
What is a Franks hearing?
Though consent from one resident can authorize a search, this exception limits that authority when another co-occupant is present and expressly refuses consent.
What is Co-Occupants Consent?
A reasonable person in the suspect's position feels freedom curtailed to a degree associated with a formal arrest.
What is custody?
Law enforcement or its agents acively take steps to obtain incriminating states from a defendant after formal charges have been filed and without the presences of the defendant's attorney
What is deliberately elicited?