Memorization
Recite the Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Schneckloth v Bustamonte
Consent to a search must not be coercive by explicit or implicit threats of force. Police need not tell the person that they can refuse consent. Voluntariness is determined by the totality of the circumstances.
Georgia v. Randolph
If one spouse consents to home search but the other objects, police must get a warrant (only if both are present).
Michigan v. Clifford
An administrative warrant is needed for secondary arson searches (similar to Mincy v. Arizona).
Delaware v. Prouse
Checkpoint for general auto inspection for routine matters is not allowed.
Recite the Justices of the Indiana Supreme Court
Goff, Rush, Massa, Slaughter, and David
Factors which might deem consent improper (6).
2. Aggressive claim of authority
3. Threat of Incarceration
4. Mental / Emotional state of the person / person in hospital
5. If person is placed in police custody
6. Deception / trickery
Fernandez v. California
If spouse objects but is then arrested on other charges and the remaining spouse now consents, the search is proper.
Rules (4) and Types (3) for safety inspections.
Rules: 1) Allows limited invasion to accomplish its purpose; 2) Regulatory scheme must have a substantial interest; 3) Must be Necessary; 4) Reasonable inspection
Types: Fire, Housing, and Health
TLO
Search of student lockers and students is ok.
Recite the Justices of SCOTUS
Ginsburg, Breyer, Sotomayor, Kagan, Roberts, Alito, Thomas, Gorsuch
Bumper v. North Carolina
Faking a search warrant is improper to gain consent.
Bus Cases (3)
Bond; Drayton; Florida v. Bostick
Michigan v. Sitz
Allows checkpoints for alcohol. Court holds intrusion is slight; limited discretion; guidelines for checkpoints; government need to curb drunk driving.
Board of Education v. Earls
Drug testing permissible for students in extracurricular activities. Don't forget to mention policy of the need to curtail drug epidemic.
What is the standard for measuring the totality of consent?
"What would the typical reasonable person have understood by the exchange between the officer and the suspect."
Pyrtle v. State
Persistent questioning by police officer in Indiana to gain consent is improper. Must advise of Miranda rights and right to refuse consent.
Implied consent laws for breathalyzers are ok, but blood draws are not automatically ok.
Indianapolis v. Edmunds
Checkpoint to look for drugs held unconstitutional. Primary purpose of checkpoint was to detect evidence of ordinary criminal behavior.
Norris v. Premier
Ok to have direct observation of urine testing.
Quon v. Ontario, California
Search based on data overages of pagers between two SWAT team members is ok.
Illinois v. Rodriguez
Third party can grant consent to search as long as actual and apparent authority exists.
Can a parent who rents a room to their grown son consent to a search of that room while their son is away?
Illinois v. Lidster
Roadblock ok for police to ask motorists questions about a prior accident at that location the day before. Brief; minimal stop; public concern.
Chandler v. Miller
Drug testing is not ok for politicians.