Is This a Search?
The two prongs of the Katz test.
What are:
1. A subjective expectation of privacy, that,
2. Society is willing to recognize as reasonable?
The four Miranda advisements.
What are:
1. The right to remain silent,
2. Anything you say can be used against you,
3. The right to an attorney, and
4. The right to have an attorney appointed free of charge if you cannot afford one?
This level of proof is required to open a closed container located in the trunk of a car.
What is probable cause to believe it contains contraband or evidence of a crime?
The permissible scope of a Terry frisk.
What is a pat down of the outer clothing for the presence of weapons?
The two types of searches where the officer's motive is a consideration.
What are inventory and checkpoint searches?
The Fourth Amendment guarantees the right of the people to be secure in these four protected areas.
What are persons, houses, papers and effects?
The test for the sufficiency of a non-verbatim Miranda advisement.
Are the warnings a "fully effective equivalent?"
The area of a vehicle that may be searched incident to the lawful arrest of a recent occupant.
What is the passenger compartment?
The basis for a Terry stop.
What is a police officer's reasonable belief that criminal activity is afoot and that the suspect is armed and dangerous?
Where a detention can be based on nothing more than "apparent Mexican ancestry."
What is a fixed inland border checkpoint.
This doctrine holds that there is no reasonable expectation of privacy to areas beyond the curtilage of the home.
What is the Open Fields Doctrine?
The three circumstances where questioning can be re-initiated after a suspect invokes the Miranda right to counsel.
What are:
1. Re-initiation by the suspect,
2. An attorney is present, or
3. A break in custody of 14 days?
A drug dog sniff of a vehicle incident to a routine traffic stop would be impermissible if officer's did this.
What is unnecessarily prolonging the stop?
The test whether a Terry stop has gone on too long.
What is, whether the police acted diligently to confirm or dispel their suspicions quickly?
The test for validity of a search by public school officials.
The four prongs of the Dunn curtilage test.
What are:
1. Proximity,
2. Enclosure,
3. Use,
4. Steps to protect from observation?
These two threshold requirements must be met before Miranda warnings are required.
What are custody and interrogation?
A state may Constitutionally criminalize refusal to submit to this form of testing for the presence of alcohol in a driver's system.
What is breath testing?
A fleeing suspect is not seized even though there was a show of authority, because he failed to do this.
What is submit to the show of authority?
What is, a reasonable person would not feel free to terminate the encounter?
The Jones case resurrected the idea that this intentional tort can result in a Fourth Amendment search.
What is trespass?
The definition of "interrogation" for Miranda purposes.
What is, "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect?"
According to Arizona v. Gant, a search incident to arrest is no longer authorized after this happens.
What is, the suspect no longer has access to the interior of the vehicle?
Interrogation in connection with a Terry stop does not require Miranda warnings because it does not contitute this.
What is custody?
The two requirements to establish ineffective assistance of counsel under Strickland v. Washington.
What are deficient performance and prejudice?