Shared Flashcard Set

Details

Criminal Procedure Final
Court Cases
60
Law
Undergraduate 2
05/08/2011

Additional Law Flashcards

 


 

Cards

Term

 

 

 

 

Wolf v. Colorado

Definition

 

 

broadened exclusionary rule saying it was a violation of 14th amendment  but states can make their decision of whether to apply it or not

Term

 

 

 

 

 

Mapp v. Ohio

Definition

 

 

 

applies exclusionary rule to the states

Term

 

 

 

 

 

Robinson v. California

Definition

 

 

 

 

cruel and unusual punishment

Term

 

 

 

 

Klopfer v. North Carolina

Definition

 

 

 

right to a speedy trial

Term

 

 

 

 

Malloy v. Hogan

Definition

 

 

 

 

self-incrimination

Term

 

 

 

 

Washington v. Texas

Definition

 

 

 

 

compulsory process to obtain witnesses

Term

 

 

 

Pointer v. Texas

Definition

 

 

 

 

Confront witnesses against the accused

Term

 

 


 

Gideon v. Wainwright

Definition

 

 

 

 

Assistance of counsel

Term

 

 

 

 

Katz v. United States

Definition

 

 

 

 

Any form of electronic surveillance, including wiretapping, that violates a reasonable expectation of privacy, constitutes a search under the 4th amendment. No physical trespass is required.

Term

 

 

 

 

California v. Greenwood

Definition

 

 

 

 

A warrantless search and seizure of trash left for collection in an area accessible to the public is valid

Term

 

 

 

 

United States v. White

Definition

 

 

 

 

made it legal to use recording a conversation between undercover agent and suspect instead of writing notes down right after

Term

 

 

 

Kyllo v. United States

Definition

 

 

 

thermal imagers cannot be used without a warrant sense you cannot see the things with a naked eye that you are able to see with the thermal imager

Term

 

 

 

 

Florida v. Royer

Definition

 

 

 

 

not a violation of 4th amendment for officers to approach an individual on the street or other public place, asking him to answer some questions does not make it a siezure, even after identifying themselves as an officer it is not a seizure

Term

 

 

 

 

California v. Ciraolo

Definition

 

 

 

 

using a plane to view evidence is ok because it doesnt' enhance the vision, not a 4th amendment search, neither is taking pictures from a plane

Term

 

 

 

California v. Hodari

Definition

 

 

 

 

 

Clarified seizure and detention, intention to arrest, authority to arrest, seizure and detention, understanding of the individual that he or she is being arrested

Term

 

 

 

 

Terry v. Ohio

Definition

 

 

 

 

"Stop and Frisk" based upon reasonable suspicion are constitutional

Term

 

 

 

 

Illinois v. Wardlow

 

 

 

 

Definition

 

 

 

if you are in a high crime area and run from the police they can stop you

Term

 

 

 

 

United States v. Sokolow

Definition

 

 

 

Totality of circumstances in this case established a reasonable suspicion that the suspect was transporting illegal drugs hence the investigative without a warrant was valid

Term

 

 

 

 

United States v. Sharpe and Savage

Definition

 

 

 

 

There is no rigid time limit for the length of an investigatory stop; instead, specific circumstances should be taken into account

Term

 

 

 

 

Ascher v. Commissioner of Public Safety

Definition

 

 

 

Sobriety checkpoints are unconstitutional in Minnesota

Term

 

 

 

 

United States v. Montoya de Hernandez

Definition

 

 

 

 

stops can occur for very long periods as long as the suspect makes it long and uncomfortable for themselves

Term

 

 

 

 

Michigan v. Sitz

Definition

 

 

 

 

Sobriety checkpoints are stops to which the fourth amendment applies and requires no individualized suspicion because of the importance of the State's interest in addressing the drunk driving problem

Term

 

 

 

 

Maryland v. Wilson

Definition

 

 

 

 

The supreme court held that a police officer making a traffic stop may order passengers to get out of the car pending completion of the stop

Term

 

 

 

 

Draper v. United States

Definition

 

 

 

Information from an informant that is corroborated by an officer may be sufficient to provide probable cause for an arrest even if such information is hearsay

Term

 

 

 

 

Payton v. New York

Definition

 

 

 

 

the police may not validly enter a private home to make a routine, warrantless felony arrest, unless justified by exigent circumstances

Term

 

 

 

 

Welsh v. Wisconsin

Definition

 

 

 

 

Warrantless nighttime entry of a suspect's home to affect an arrest for a non-jailable offense violates the fourth amendment

Term

 

 

 

 

Brigham City v. Stuart and Taylors

Definition

 

 

 

entry into a house without a warrant under exigent circumstances is ok

Term

 

 

 

Tennessee v. Garner

Definition

 

 

 

 

cannot shoot a fleeing suspect unless there is a threat to the community and to yourself as an officer

Term

 

 

 

 

Graham v. Conor

Definition

 

 

 

police officers may be held liable under the constitution for using excessive force. the test for liability is "objective reasonableness" rather than substantive due process

Term

 

 

 

 

Kuha v. City of Minetonka

Definition

 

 

 

 

Officers using the "bite and Hold" method with a k-9 must warn prior to releasing

Term

 

 

 

 

Atwater v. City of Lago Vista

Definition

 

 

 

 

4th amendment does not forbid a warrantless arrest for a minor criminal offense such as a misdemeanor seatbelt violation, punishable only be a fine

Term

 

 

 

 

Wilson v. Arkansas

Definition

 

 

 

4th amendment requires officers to knock and announce before entering a dwelling unless there are exigent circumstances

Term

 

 

 

 

Chimel v. California

Definition

 

 

 

after arrest police may search the area within a person's immediate control

Term

 

 

 

 

 

Arizona v. Gant


Definition

 

 

 

 

police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search and reasonable to believe the vehicle contains evidence of the offense of arrest

Term

 

 

 

 

 

Knowles v. Iowa

Definition

 

 

 

 

Officers may search a vehicle incident to an arrest but a search incident to the issuance of a traffic citation, absent consent or probable cause, violates the fourth amendment

Term

 

 

 

 

Schneckloth v. Bustamonte

Definition

 

 

 

 

voluntariness of consent to search is determined from the totality of circumstances, of which consent is only one element

Term

 

 

 

 

Carroll v. United States

Definition

 

 

 

 

Warrantless search of an automobile is valid if probable cause is present

Term

 

 

 

 

United States v. Rodney

Definition

 

 

 

 

 

A "frisk" or consent search of the body includes all regions of the body including the crotch area

Term

 

 

 

 

Lanza v. New York

Definition

 

 

 

 

jail shares none of the attributes of a home, automobile, an office or hotel room, and official surveillance has traditionally been the order in prisons

Term

 

 

 

 

Bull and others v. City and County of San Fransico

Definition

 

 

 

 

visual strip searches of jail inmates going into general population are valid to preserve the safety and security of the facility

Term

 

 

 

 

Colorado v. Bertine

Definition

 

 

 

 

warrantless inventory searches of the person and possessions of arrested individuals are permissible under the fourth amendment

Term

 

 

 

 

State v. Ellis

 

Definition

 

 

 

 

officers should get a warrant before entering college dorm rooms when they have probable cause to believe that contraband is within

Term

 

 

 

 

South Dakota v. Opperman

Definition

 

 

 

 

Conducting an inventory search of an impounded vehicle for minor parking violations is reasonable

Term

 

 

 

 

Samson v. California

Definition

 

 

 

 

4th amendment does not prohibit a police officer from conducting a suspicionless search of a parolee

Term

 

 

 

 

Brown v. Mississippi

Definition

 

 

 

 

confessions obtained as a result of coercion and brutality by law enforcement officers violate the due process clause of the 14th amendment and therefore inadmissible in court

Term

 

 

 

 

Escobedo v. Illinois

Definition

 

 

 

once the investigation focuses on particular suspect the prosecution has begun and the right to counsel ataches

Term

 

 

 

 

 

Schmerber v. California

Definition

 

 

 

 

drawing blood from suspect without his or her consent is not a violation of any constitutional right as long as done by medical personnel using accepted medical methods

Term

 

 

 

 

Miranda v. Arizona

Definition

 

 

 

 

Evidence obtained by police during custodial interrogation of a suspect is not admissible in a court to prove guilt unless the suspect was given the Miranda warnings and their is a valid waiver

Term

 

 

 

 

 

Berkemer, Sheriff of franklin County v. McCarty

Definition

 

 

 

Mirand rule applies to all offenses except roadside traffic stops

Term

 

 

 

 

 

New York v. Quarles

Definition

 

 

 

 

if eminent threat to officer or public safety exists officers do not have to read Miranda even though a suspect may be in custody

Term

 

 

 

 

Colorado v. Connelly

Definition

 

 

 

statements made when the mental state of the defendant interfered with his "rational intellect" and "free will" are not automatically excluded. Their admissibility is governed by state rules of evidence

Term

 

 

 

 

 

District Attorney's Office of the Third Judicial District and others v. William G. Osborne

Definition

 

 

 

The U.S. Supreme Court decided that there's no constitutional right of access to forensic evidence

Term

 

 

 

 

State v. Clopten

Definition

 

 

 

 

if the defense requests to put an expert on the stand to explain eyewitness testimony the court should allow it

Term

 

 

 

 

McFadden v. Cabana

Definition

 

 

 

even with height and weight differences in line-ups the courts will still allow the identification

Term

 

 

 

 

Manson v. Brathwaite

Definition

 

 

 

 

the admission of testimony concerning a suggestive and unnecessary identification procedure does not violate due process as long as the identification possesses sufficient aspects of reliability

Term

 

 

 

 

Neil v. Biggers

Definition

 

 

 

 

We must look at the totality of circumstances behind the witness identification to determine reliability

Term

 

 

 

 

 

Gilbert v. California

Definition

 

 

 

identifications made without counsel after indictment should be excluded from trial

Term

 

 

 

 

U.S. v. Wade

Definition

 

 

 

Court required lawyer after indictment during lineups

Term

 

 

 

 

 

Weeks v. U.S.

Definition

 

 

 

 

applied exclusionary rule only to federal government

Term

 

 

 

 

 

Silverthorne Lumber Co v. U.S.

Definition

 

 

 

 

broadened exclusionary rule, created fruit of the poisonous tree doctrine

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