Search Class 1-4
Define Curtilage
The intimate actions/areas of the home
Which exception deals with NON CRIMINAL act.
Emergency Doctrine
What Triggers Miranda
1. Custody
2. Interrogation
(Must Have Both)
Can you handcuff on a terry stop?
Yes.
Mena Case.
What is abandon property?
REP is thrown out or abandoned.
Define open fields and it's importance to the 4th Amendment.
Area just outside curtilage and No protection of the 4th amendment.
Two factors that would fall under exigent circumstances.
1. Serious offense
2. Destruction of Evidence
3. Harm to others/officers
Can an officer reinitiate Miranda
Yes, after a passage of time and NEW Miranda advisement/waiver.
Can people challenge your warrant?
Yes.
Franks vs. Delaware
Society is which prong of the Katz test?
Objective Prong
3 Key Points to Plain View Doctrine (Must get all 3 for credit)
1. Officer has legal right to be there
2. Finds inadvertently
3. Has PC to believe evidence or contraband
Explain Hot Pursuit and where must this start/end.
1. Must start in Public Place
2. End in area that is protected from 4th amendment. Usually home.
Which two amendments involve a right to council. Which is given in court?
5th and 6th
6th involves court (given by judge or council)
2 Key Factors for an informant that you must show.
1. Basis of knowledge (Prove/show you know the person)
2. Credibility (Why should I believe you)
Aguilar/Spinelli
Define Custodial Arrest
Transporting to HQ
Consent of a MV Search (Must have 5 of 6 for credit)
1. Freely Given
2. No Duress/coercion
3. Can search open containers
4. Locked needs special permission
5. Limited and withdrawn
6. CAN NOT prolong the stop
Give 5 facts that constitute the Carroll Doctrine?
1. PC to believe there is contraband
2. Vehicle is Mobile
3. Vehicle is in Public Place
4. Can only search where item is suspected to be located.
5. Car cant be towed
6. Once it is found, search is over.
Is the 5th or 6th Amend Right to Council offense specific?
6th Amend Right to council.
Can you take passengers out of the car on a stop and why?
Yes for Officer Safety
Mims & Wilson Case
Can you be arrested in a car if drugs are found in the front seat and you're sitting in the back? Explain.
Yes. Constructive Possession, if nobody claims it you are guilty. You knew of the character of substance and exercised dominion and control.
You respond to the house of a suspected serial killer. The serial killers girlfriend went inside and brought you a gun out of the boyfriends room. What rule does this evidence fall under AND give the 2 points.
Private Party Seizure
1. Private citizen can seize evidence that can be admitted to court
2. Cant be an agent of the govt.
Explain Exclusionary Rule and What's the reason for it. Need 2 reasons.
1. Evidence obtained illegally will be suppressed in court.
2. Deter Bad Police Conduct
3. Uphold Judicial Integrity
When are the Miranda Warnings voided. 2 Situations.
1. 14 day rule
2. Break in custody
When is a person seized? 3 Prongs
1. Physical force
2. Submission (hands up)
3. Show of authority (CT only) (Lights)
Hodari/Oquendo
Plain Feel Doctrine (NEED 3 Points)
1. VALID Terry Pat Down
2. Contour/mass is immediately recognizable
3. Officer can seize
** if you're missing the valid piece, you will not get credit