6th amendment
6th Amendment Right to Counsel
(Massiah)
(1) indited/ formally charged
(2) deliberate elicitation by state actor
What are the three triggers for Miranda?
1.Custody
2. Interrogation
3.Known governmental agent
Probable cause based on informants
Illinois v Gates
modified Aguillar Spinelli test (veracity, corroboration,reliability and detail)
Terry Stop and Frisk
Step 1: was there a stop (seizure of a person)?
Was it based on reasonable suspicion that criminal activity was afoot? If yes, Valid Terry Stop
Step 2: Does the officer have a reasonable suspicion to believe that suspect is armed and dangerous? If yes, may conduct a frisk.
Step 3: after a frisk, officer has reasonable suspicion to believe suspect has a weapon, then officer can search inner garments
If officer finds weapons, then officer can seize then and has probable cause to arrest
What is a Search?
Provide the case(s), case background and the corresponding elements
Katz v. United States: Two-Prong Test for a Search
The 4th Amendment protects against unreasonable search and seizures. If a person has an expectation of privacy, then a warrant is needed to search.
Rule: Katz established that a person must have (1) a subjective expectation of privacy and (2) a reasonable expectation of privacy.
The person had a reasonable expectation of privacy in the telephone booth because even though it was in a public place, once Katz shut the door the conversation was deemed private.
U.S. v. Jones: Trespassory Test
Rule: If the government is (1) occupying private property for the (2) purpose of obtaining information this is a search
The GPS tracker on a car in a parking lot was a trespass, thus a search because the warrant had expired. Usually following a car, there is no expectation of privacy because it is in public spaces, but once the government trespassed it became a search. This expanded the 4th Amendment protection
Three exceptions to fruit of the poisonous tree doctrine/ cases
1. Independent- Murray
2. Inevitable discovery- NIX
3.Attenuation of taint- Brown
What are the Miranda waiver questions?
Possible triggers of exigent circumstances
to prevent imminent destruction of evidence
need to prevent suspects escape (hot pursuit) - Warden v. Hayden
risk of danger to police or other persons
Arrest Warrants
Rule: Arrest must be on probable cause. While courts have expressed a preference for arrest warrants, a warrant is not required so long as there is probable cause
1. no warrant needed in public (Watson)
2. Warrant needed for home arrest (Payton v new york)
3.If police have probable cause regardless of how major or minor (Atwater)
Is there a reasonable expectation of pricacy in Dunn?
Provide answer, elements and case background
Items in a curtilage are protected
Curtilage Factors:
(1) The proximity the area claimed to be curtilage to the home
The closer the better
(2) Whether the area is included within an enclosed surrounding
The more open an area the less house like it is.
(3) The nature of the use to which the area is put
Do they use the space to show to the public? Or is it a private use?
(4) The steps taken by the resident to protect the area from observation by people passing by
The court deemed that a small barn with drugs located 60 yards from the home was not a curtilage because it was too far from the home and the respondent did little to protect the barn from observation. The fence around the barn was intended to keep out livestock, not people. This is before the Jones case, so trespassing analysis did not apply.
Consent Cases
Schneckloth v. Bustamonte (voluntary but not knowingly)
Georgia v. Randolph (co-tenant,non-consenting prevails)
U.S. v. Matlock (whoever is at home's prevail)
Fenrnandez v. California
Miranda warning Exceptions
1. impeachment exception
2.Public Safety Exception
3.Booking Exception
Inventory Searches
Illinois v. Lafayette
police may constitutionally perform an inventory search of the personal effects of an arrested person during booking
Exceptions to the warrant requirement
1. Mistake of fact (Maryland v Garrison)
A search made under an otherwise valid warrant containing a mistake does not violate the 4th amendment if the police acted reasonable.
2.Mistake in Law (Heien)
Mistakes of law can give rise to the reasonable suspicion necessary to uphold a warrantless seizure under the 4th amendment
must be objectively reasonable under all ciicurmstances
Exclusions from searches
1.Open Field doctirne (Oliver)
2. Aerial surviellance (Ciraolo) can be views by an airplane. Public view
3. Trash (Greenwood) in public view
4. Bank Records (Shultz) 3rd part doctrine
5. consensual conversation and recordings (white)-fake friend doctrine 3rd party
Once suspect has invoked the right to counsel, subsequent statements made during police interrogation are inadmissible UNLESS
Counsel is actually present and/or The suspect reinitiates communications AND Suspect executes valid waiver
OR
Police may re-initiate interrogation once 14 days have passed and there was no custody and interrogation during that time
Implicit vs explicit waiver. Use cases in your answer
Rule: For waiver of Miranda warnings to be proper the defendant’s waiver must have been voluntary and knowing.
Explicit Waiver
They say yes to the following questions:
Do you understand these rights?
Are you willing to speak to me?
Implicit Waiver
Butler: Police can make inferences from circumstances for waiver. If suspect understands rights but doesn’t expressly waive them but still talks: that is a waiver
Mere silence is not enough to constitute a waiver. But if freely chooses to participate may be enough for waiver.
Thompkins: A suspect who has received and understood the Miranda warnings and has not invoked his Miranda rights, waives the right to remain silent by making an uncoerced statement to the police.
Standing at a home
US v. Carter
Homeowners ALWAYS have standing
Visitors have standing to their persons when they are not making and/or doing business transactions
Warrant requirments?
1. Affirmation and oath
2.neutral and detatched judge
3. reasonable particularity
Name cases where dog sniffs do and don't have expectation of privacy. (3)
Airport (Place)- not a search- doesnt intrude. No expectation of privacy outside of bag
Traffic stop (caballes) Not a search UNLES (Rodriguez) goes longer than normal car stop.
Curtilage (Jardines)- dog sniffs on porch. (bonus which case would you use to analyze if it were a tresspass?)
What are the Mosley Factors?
Was questioning immediately ceased?
Was there enough time that passed? (2hrs was enough)
Was there a new officer interrogating
Was there a new location for the interrogation?
Was the interrogation for a different crime?
Was a new Miranda warnings given and waived?
What are arguments against voluntariness?
Length of interrogation
No food
Lack of intelligence
Asked for an attorney and wasn’t given one
Persistent and continuous questioning without a meaningful break
Pressure from leaving friend Bruno without a job and a pregnant wife
No Bathroom
What is the exclusionary rule? and what does it not apply to? (6)
Mapp v Ohio- Evidence obtained through unlawful search and seizure is in admissible.
a. Grnd Jury
b.Preliminary hearings
c.Probation and parole revocation
d. Sentencing
e. Habeus corpus hearings
Knock and announce and exception
Wilson v. Arkansas
Absent of exigent circumstances, police needs knock and announce their presence
Unless:
it would be dangerous and futile
inhibit effective investigation
hot pursuit
All About Standing
in Cars, rental cars,
Basic Case for Standing (Car) ––Rakas v. Illinois
An owner of a car has standing in search of the car
Passengers have standing ONLY for the search of themselves
A driver will have an expectation of privacy in a rental car where their name is not in the lease because they have control, dominion on the car. (Bryd v. United States)
There is no standing is a person does not have a legitimate expectation of privacy.