4th Amendment
What is the exclusionary rule?
Courts can exclude evidence that was illegally obtained by police
Where can police search under the mobility exception?
Wherever they have probable cause to search
Is a 5th amendment invocation of rights offense specific?
No
Is the 6th amendment offense specific?
Yes, the right to counsel applies only for the crimes they are charged for
What is considered a search under the 4th Amendment?
1. A subjective expectation of privacy,
2. That expectation is one society would deem reasonable
What are the 7 exceptions to the warrant requirement?
1. Public Arrest
2. Exigent Circumstances
3. Consent
4. Search Incident to Arrest
5. Inventory Search
6. Mobility Exception
7. Plain View
What is triggered when a suspect invokes their right to counsel?
Edwards Bar: 14-days from release of Miranda custody
What attaches the 6th A. right to counsel?
Critical stage
When is something considered a special need under the 4th amendment?
When the main purpose of the search is a non-law enforcement state interest
the goal cannot be to make arrests
What are police allowed to do during a Terry Frisk
What is the test for consent?
Voluntariness
Was the consent a product of a free and unconstrained choice by the maker
When are miranda rights triggered (must be read)?
2. When police start an interrogation
What is a critical stage?
A change in circumstances from the investigatory process to the adjudication process
Ex. Indictment, arraignment, preliminary hearing
Under the 5th Amendment, what are the 3 ways to reinitiate an interrogation after there has been an invocation of counsel?
1. D has a lawyer present
2. Edwards bar has lapsed
3. D waives invocation, and reinitiates interrogation on their own volition
What two burdens need to be overcome in the independent source exception?
1. the decision to get the warrant must be free from the taint of illegality; and
2. the information used to obtain the warrant cannot be information from the illegal search.
What factors are considered to determine wether an exigency exists?
2. Feasibility of obtaining a warrant
3. Imminent danger to person or property
4. Seriousness of the crime
5. Hot pursuit
What test is applied when a suspect invokes their 5th A. right to remain silent, and the police want to reinitiate the interrogation?
Whether the police scrupulously honored the suspects right to remain silent
What are police not allowed to do once a critical stage has been triggered?
Police are not allowed to deliberately elicit statements from the D about the crime they are charged for
What is the test for the inevitable discovery exception to the exclusionary rule?
By a preponderance of the evidence, would the evidence have been discoverable through lawful means that were already pursued.
What is the test for attenuation?
Proximate cause
1. Was there an illegality to begin with, and
2. But-for that illegality the police would not have gotten the statements
What is required for police to use the search incident to arrest exception in a vehicle?
1. The suspects needs to be within reaching distance of the passenger compartment
2. The police need to reasonably believe that evidence of the crime they were arrested for is in the car
What is the test for whether there was a wavier?
Totality of Circumstances
1. Must be a product of a free/deliberate choice
2. Must be made with an awareness of the rights and consequences of the waiver
If D has been indicted for robbery, can the police approach the D to interrogate him about a previous murder he was connected to?
Yes, 6th A. is offense specific, and his right to counsel only applies to the robbery charge
What is the 3rd party doctrine?
A person does not have an expectation of privacy in statements you divulge to 3rd parties