Reasonableness
Brigoni-Ponce
Apparent ethnicity alone does not equal RS
Appearance alone does not equal Rs
1) importance of gov interest
2) necessity of warrantless inspection
3) the regulatory scheme is a constitutionally adequate substitute
Administrative balancing Test
Totality of the circumstances + gravity of offense
Exigency analysis
Berkemer v. McCarty
ordinary traffic stops are not custody
Extends exclusionary rule to secondary evidence derived from the initial illegal police conduct
fruit of the poisonous tree
Terry v. Ohio
specific, articulable factors that taken together equal reasonability for the intrusion
- Totality of the circumstances
Brendlin
Passangers have standing to challenge a stop
Banks
knock and announce violations dont trigger suppression
If there is a 14+ day break in custody police may reinitiate
exception to invocation
1) decision to seek the warrant is unrelated to prior illegal act
2) information obtained from illegal act was not presented to the magistrate
Independent discovery test
Ornelas v. US
probable cause should be reviewed de novo
Caballes
If the dog sniff does not extend the stop its lawful
1) threats to suspects safety or health
2) exigency of intrusion
3) community interest in determination of guilt
The Test for reasonableness of surgery
1) Express questioning OR
2) the functional equivalent
(Doctrine and Case)
Interrogation and Inns
allows illegally obtained evidence to be admissible if the connection between the unlawful conduct and the discovery is week
Attenuation
Arvizu
Several weak factors reinforcing eachother can = RS
1) gravity of public concern
2) degree to which it advances public interest
3) severity of interference
Suspicionless checkpoint test
Riley
Officers need a warrant to search a phone even if its on the person at the time of arrest
1) questioning with out warning
2) administer warning + repeat question
Post warning statements inadmissible
Two-Step Interrogation
Prosecution must show by a preponderance of the evidence that discovery was bound to happen by lawful means
Inevitable Discovery test
4 Test + Main feature
Totality -> all available facts into single judgement
Fixed Multi-factor -> defined set of factors or prongs; all addressed
Brightline -> If x then Y
Hybrid -> totality inquiry in structured frame
1) substantial gov interest
2) warantless inspection necessary
3) statute provides constitutionally adequate substitute advising owners of inspection
Closely regulated industries test
1) Reasonableness at inception
2) reasonably related in scope
School Searches under T.L.O prong test
Immediate, reasonable need to secure public safety or prevent imminent harm
Statements may be used to impeach
Miranda warning exceptions
1) temporal proximity
2) intervening circumstance
3) purpose and flagrancy of the misconduct
Attenuation test