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| Public safety exception to Miranda. (ask where gun is before reading Miranda rights) |
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| Once accused invokes right of attorney, he should not be further interrogated. His eventual succumbing to questioning does not constitute a waiver of rights |
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| Police cannot interrogate, even surreptitiously, a suspect who has invoked right to attorney. |
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| Police do not have to inform suspect of lawyers desire to speak with him if suspect willingly waives his right to an attorney. |
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| A the basis for a legal search only has to be reasonable, not necessarily correct. The police believed Fischer lived in the residence and thus could enter |
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| It is reasonable for officers to search closed containers for narcotics when the operator of the vehicle consents to a search of the vehicle |
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| Moving the stereos constituted a search and therefore the plain view doctrine did not apply. A warrant was needed to inspect the serial numbers |
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| Officers can enter the house without a warrant when following a fleeing suspect because delaying could allow the suspect to escape or destroy evidence |
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| If the officers have probable cause, they can search a car without a warrant since the car could be moved in the time it takes to obtain a warrant |
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| The motor home was mobile and was in a place where it appeared as a vehicle and not a residence so the automobile exception of Carroll applies and the motor home can be searched without a warrant |
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| Police could search Ross's trunks because they had probable cause for a warrant and the warrant would have applied to the whole car. They did not need a warrant, however, because of the automobile exception. |
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| A brief protective pat-down of a suspect is allowed when it is reasonable that they may be concealing criminal activity. |
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| A protective search is not allowed where there is no reasonable justification to be suspicious. In this case, an anonymous tip only describing the suspect as wearing a plaid shirt is not enough for a search |
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| A terry search of the passenger compartment of a car is justified to protect the officers. It is in their interest to search the easily accessible areas for possible weapons that the suspect could use against them |
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| The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination |
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| Under Ross, a probable cause search of a car extends to any container found in the car. Officers cannot be expected to obtain a warrant for each container they wish to search if the container could reasonably contain the drugs they are searching for |
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| It is not unreasonable for an officer to ask to search a car upon making a routine traffic stop. It is not the job of the court to determine if there was prejudice in making the stop but it was a stop allowable under DC law. Therefore a search was reasonable and the suspect’s 4th amendment rights were not violated. |
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| United States v. Robinson |
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| Searching arrestees and their controllable space has been long help by the Court to be reasonable. For the safety of the officers and the efficiency of the arrest, they are allowed to search suspects without a warrant for weapons and other harmful items. It does not matter that the respondent was guilty of non-violent crime. |
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| To extend the search past the arrestee requires a search warrant. Just because a man is arrested in his house does not suddenly make the house subject to warrantless searches. |
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| It is long standing that an arresting officer may search the arrestees and the area in their immediate control for weapons and other items that could facilitate their escape. The court determined that the front seat of the car was within the respondent’s area of control and therefore could be searched. |
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| The arrest of a suspect who is next to a vehicle presents the same concerns as if the suspect were within the vehicle. It is reasonable to believe that the suspect would still lunge for weapons or evidence if he is outside of, but still in control of, the car. |
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| In a small car it is reasonable to assume that any of the passengers would have knowledge or be engaging in any illicit activities within the car. Therefore if no one admits to the cocaine, it is reasonable to arrest all present. |
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| The inventory was done in accordance with police procedures. Inventory procedures serve to protect an owner’s property while it is in the custody of police, to insure against claims of lost, stolen, or vandalized property and to guard police from danger. The police did not act in bad faith |
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| The officer does have a right to protect himself. A pat of the suspect’s exterior clothes is the least intrusive way McFadden could have searched for potentially dangerous weapons. He did not invade their privacy anymore than was necessary to ensure his safety from suspects he reasonably believed to be armed and dangerous. |
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| Officers may arrest someone without a warrant if they have probable cause |
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| Schneckloth v. Bustamonte |
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| items found during a warrantless search of a car are admissible if the driver consents to the search. Consent is considered voluntary if there is no coercion from the officers. The driver does not need to know his rights as in a criminal trial to effectively waive them |
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| Taken together, buying tickets in cash from a roll of $20s, flying from Hawaii to Miami for 48 hours and traveling under an alias, amount to reasonable suspicion and justify the search. |
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| It is not considered a seizure for police to board a bus and ask a passenger to search his luggage. Although Bostick may not have felt free to leave, he was, and was under no more restrictions than normally apply to someone traveling by bus. |
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| Collection of bodily fluids is deemed a search under the 4th amendment. Government employees working in high risk jobs with other peoples wellfare at stake can be subjected to drug testing in the name of public safety. |
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| Vernonia School District v. Acton |
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| By volunteering for the increased regulation of participating in school sports, the students, already without some rights as minors, willing subject to these drug tests and the tests do not violate privacy more than being in a typical locker room environment. |
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| After asking for an attorney, prosecutors cannot continue to interrogate a suspect, even if the suspect is unaware, and use those confessions as evidence at his trial. |
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| when an investigation begins to focus on an individual and he is denied access to his lawyer, his 6th amendment rights have been violated |
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| During a routine traffic stop, when a driver is not detained but merely seized briefly, Miranda rights do not need to be read. If he is formally arrested, however, he must be made aware of his rights |
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| Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent |
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| rights assured by the Fourth Amendment are personal rights which may be enforced by exclusion of evidence only at the instance of one whose own protection was infringed by the search and seizure |
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| In order to claim the protection of the fourth amendment, a defendant must demonstrate that he personally has a reasonable expectation of privacy in the place searched. |
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| Wong Sun v. United States |
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| Evidence gathered during an illegal arrest is not admissible but if there are factors dissipating the taint of illegality it is permissible. |
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| County of Riverside v. McLaughlin |
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| Warrantless arrests must have probable cause justification within 48 hours. Also, there can be no unreasonable delays, such as gathering evidence to justify the arrest, or ill will towards the individual. |
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| Courts may set bail at a level to protect the public welfare. They may not set an unreasonably high bail but a judge may rule that there is no safe way to release suspects. |
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| A suspended sentence that may end in jail time may not be imposed unless the defendant was accorded counsel. Counsel need not be provided in cases where there will be no depravation of a person's liberty. |
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