Search and Seizure
The Fourth Amendment
What is the constitutional amendment protects against unreasonable searches and seizures?
This Amendment Guarantees the right to counsel in criminal prosecutions.
What is the Sixth Amendment?
This is the Exclusionary Rule.
What is the doctrine that prohibits the use of illegally obtain evidence due to constitutional violations?
A search incident to arrest.
What is the term which refers to a police search made without a warrant immediately following a lawful arrest?
This is the landmark case requiring law enforcement to inform suspects of their rights before custodial interrogation.
What is Miranda v. Arizona?
This is the legal standard which is required for police to obtain a search warrant.
What is Probable Cause
This is the point in the criminal process where the Sixth Amendment attaches.
What is after formal charges are filed?
Fruit of the poisonous tree.
What is evidence derived from illegal or unconstitutional police conduct?
This is an exception when a police may enter a home without a warrant to chase a fleeing felon.
What is hot pursuit?
These are the four Miranda Warnings
1. what is the right to remain silent, 2. anything said can be used against you, 3. the right to an attorney, 4. an attorney will be provided if you cannot afford one?
The plain view doctrine.
What is the doctrine that allows police to seize evidence without a warrant if it is clearly visible while the officer is lawfully present.
This is required for a D to validly waive their right to counsel.
What is a knowing and voluntary waiver?
These are exceptions to the fruit of the poisonous tree doctrine.
what are:
1. inevitable discovery
2. independent source
3. attenuation
This is required for officers to search a car without a warrant under the automobile exceptoin.
What is probably cause to believe it contains evidence of a crime?
This is required for police questioning to be considered "custodial."
This exception permits police to search a vehicle without a warrant if they believe it contains evidence of a crime.
What is the automobile exception?
The ruling in United States v. Wade.
What is the case in which the Court ruled that counsel is required during post-indictment lineups?
Inevitable discovery
what is the exception that allows tainted evidence if the police would have found it lawfully anyway?
The exigent circumstances exception
What is the exception which permits police to enter a home without a warrant if they believe evidence will be destroyed or someone is in immediate danger?
This is the exception that allows police to forgo Miranda warnings in the interest of immediate danger
What is the public saftey exception?
A Terry Stop
The doctrine which permits officers to briefly detain and pat down a suspect based on reasonable suspicion of criminal activity.
This is the two-pronged test which must be met for a claim of ineffective assistance of counsel under Strickland v. Washington.
What is 1. deficient performance and 2. resulting prejudice
When illegally obtained evidence can be used to impeach a D's trial testimony.
What is when the D makes a voluntary statement.
This is required for a valid third-party consent to search.
What is joint or apparent authority.
This must happen before police can resume questioning after a suspect invokes their right to counsel under Miranda.
What is counsel must be made available or suspect must reinitiate conversation.
These are the two core requirements for a valid search warrant.
What are probable cause and particularity?
This constitutional provision, not the Sixth Amendment, governs pre-indictment identification procedures for fairness.
What is the due process clause
Violations of this rule do not require suppression of evidence.
What is the knock and announce rule?
This is the standard of proof needed for an investigatory stop under Terry v. Ohio.
What is reasonable suspicion?
This Fifth Amendment protection applies only to evidence that is both compelled and this.
What is testimonial
This is the open fields doctrine.
What is the rule that says a warrantless search of areas outside the home's curtilage does not violate the Fourth Amendment?
There is no Sixth Amendment right to counsel at this common photographic identification procedure.
What is a photo array
Attenuation doctrine.
What is the doctrine which holds that evidence obtained after a constitutional violation may still be admissible if the connection between the unlawful conduct and discovery of the evidence is sufficiently remote or interrupted by intervening circumstances.
Inventory Search
After a suspect invokes the right to counsel, officers may not reinitiate interrogation unless this occurs. (
What is the suspect initiates further communication or counsel is present?
This doctrine allows police to detain a person without arrest based on articulable suspeicion.
What is a Terry Stop?
The government violates the Sixth Amendment when it deliberately elicits statements from an indicted defendant without this
What is counsel present or a valid waiver.
Good faith reliance exception
What is the allowability of evidence to be admitted when police conduct a stop based on a warrant later found invalid?
This is the type of warrantless search which is allowed when police enter a home to render emergency aid.
What is the emergency aid or community caretaker Exception?
For a waiver of Miranda rights to be valid, it must be knowing, voluntary, and th
what is intelligent
This type of probable cause source must be corroborated for reliability when used to justify a search or arrest.
What is an informants tip.
This exception allows an in-court identification even after an unlawful lineup.
what is proof of an independent origin
Independent source exception.
What is the doctrine that allows the admission of evidence that was initially discovered during unlawful activity if that evidence is later obtained independently from lawful activities untainted by the original illegality.
The boarder search exceptoin
Statements obtained without Miranda warnings may still be admissible for this limited purpose.
What is impeachment of the defendant’s testimony?)