Searches
Where the facts & circumstances warrant a reasonable prudent person in the belief that an offense has been or is being committed.
What is probable cause?
Occurs when that person would reasonably believe that he was not free to leave or otherwise terminate the encounter.
What is a Terry Stop?
A police officer does not need a warrant to enter a home under exigent circumstances, including when a citizen or officer is in...
What is imminent danger, evidence is about to be destroyed (e.g., evanescent evidence such as drugs), a suspect’s escape is imminent, or the police are in hot pursuit of a suspect?
A police officer tells a suspect “stop right there” and the suspect stops.
What is a Terry stop?
The court ruled that it is constitutional for police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime.
What is Terry v. Ohio?
The property so intimately tied to a home that its owner has a reasonable expectation of privacy in it.
What is curtilage?
Meaningful interference with the defendant’s possessory interest in the item.
What is Seizure of Property?
Does not apply where the car has been parked in the curtilage of a home for some period of time.
Automobile exception
A common-sense or “reasonable person” determination that, under the totality of the circumstances, there is a fair probability that evidence of a crime will be found in the area being searched or that the person being arrested has committed a crime.
What is probable cause?
The court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment.
What is Riley v. California?
Unoccupied or undeveloped areas outside the curtilage of the home.
What is Open Fields?
A warrantless search to record the contents of a car when police take custody of it.
What is an Inventory Search?
A police officer who chases a suspect into a nearby home can enter the home without a warrant based on exigent circumstances (assuming the officer has probable cause to believe there is evidence of a crime in the house or probable cause to believe the suspect has committed a crime).
What is Hot Pursuit exception?
Police can search a specific area if the owner, or someone who has authority or whom the police reasonably believe has authority (i.e., apparent authority), gives _______.
What is consent?
This case established a court must suppress evidence seized in violation of the constitution.
What is Mapp v. Ohio?
A court will look at the totality of the circumstances, including (1) a statement's veracity or reliability and (2) the basis of the informant’s knowledge when assessing this.
What is anonymous tips?
A police officer can perform a warrantless seizure of an item if the officer:
What is (1) Is lawfully present in the location; (2) Sees an item in plain view; (3) Has probable cause to believe it is contraband or evidence of a crime; and (4) Has a lawful right of access to the item.
A police officer who has probable cause to believe that a suspect intends to flush illegal drugs in the suspect’s possession down the toilet can enter the home without a warrant based on exigent circumstances.
What is destruction of evidence?
Warrant issued if there is probable cause to believe that the evidence will be at that location at a future time after the occurrence of a triggering event.
What is anticipatory search warrant?
The court established a judicial guideline for evaluating the validity of a search warrant or a warrantless arrest based on information provided by a confidential informant or an anonymous tip.
What is the Aguilar–Spinelli test?
When an arrest is made in a home, the police can search enclosed spaces in the room (e.g., closets) or adjoining rooms where another person could be hiding.
What is a protective sweep?
(1) The rationale must be a noncriminal investigative purpose;
(2) The intrusion must not be too invasive after balancing the government’s interest against the individual’s privacy interest; and
(3) There must be some data demonstrating the search’s effectiveness.
What is a Special Needs Search?
An officer may seize an item immediately recognized as a weapon or contraband felt during a lawful pat-down search.
What is Plain Feel Doctrine?
Applies when the initial illegal behavior dissipates to the point where it does not taint the evidence the government seeks to introduce at trial.
What is dissipation of taint?
A defendant may invalidate a warrant where:
(1) the officer knowingly and intentionally, or with reckless disregard for the truth, included
a false statement in the affidavit; and (2) the false statement was necessary to the magistrate
judge’s probable-cause determination.
What is Franks v. Delaware?