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49 Cards in this Set
- Front
- Back
Terry V ohio |
Court recognized police have to take proactive stance to suspicious activity. Rules developed. Experience (observe) Identify as police Makes inquiry Percieve potential dangers If fear of danger persists, may pat down for protection only. Reasonable suspicion only thing needed to stop someone. |
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Kolander V Lawson |
Kolander stopped repeatedly for ID. Challenged. Court said law was unconstitutional vague and outlined what kind of acts are suspicious. |
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MN V Dickerson |
Dickerson patted down. Found a ball of crack in pocket. Court Linked Terry V Ohio and created a new rule, plain feel. Combined with stop and frisk. If you come across something illegal while stopping and frisking, you can take it. |
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Rogers v AZ |
Men watching wrestling from afar. Officer demanded ID. They ran and patdown yielded drugs. Court said officer needs articulable reasons to believe criminal activity is afoot, otherwise search is illegal. |
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Royer V Florida |
Court stated that an arrest occurs when police deprive freedom, probable cause exists, and suspect believes they are not free to leave. Miranda rights must be then read. |
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Miranda V AZ |
Convicted of kidnap and rape. Appealed on 6th amendment. "No counsel present or offered" Court came up with the Miranda warnings. Have to go through each of the rules and have affirmation of their understanding. |
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Oregon V Mathison |
Man confessed, arrested, mirandized and convicted. Appeal issued was investigatory v Accusatory type of questioning atmosphere. Court said investigatory questions are acceptable without hearing Miranda rights. Accusatory questions need Miranda rights first. |
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Brewer V Williams. |
Christian Burial speech. Violation of 5th and 6th amendment. Man cohearced into conviction because an environment of psychological torture. If charged again, they can't use what he said in squad car. |
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Nix V Williams |
Expanded on Brewer V Williams. Used dead body as evidence instead of Williams Christian burial speech conffesion. Overturned by appellate court on grounds of Fruit of the poisoned tree. Supreme Court reveresed decision, created new rule. Inevitable Discovery to overule FPT. Police were already going/on track to discover evidence/body. |
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Carroll V US |
Mobility affords removal or destruction of evidence so you can search without a warrant. You need probable cause to stop, like any driving violation. |
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Harris V US |
Impounded vehicle. Inventory search yielded drugs. Court said it's permitted due to plain view. |
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Delaware V Prouse |
Stopped without PC. Invalid in an individual case. Roadblock and checkpoints ok if a routine exists. Convicted but overturned by court because there was no probable cause for stop. |
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Indianapolis V Edmund |
Roadblocks ok reaffirmed. Probable cause waived if there is random searches, plans in place. Pattern has to exist, no profiling. |
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US V Ross |
Closed container in a car. Proximity to driver matters. If driver can reach into container officer can look and ask what's inside without warrent accessibility matters. |
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Brown V Miss |
Physical cohersion for confession is unconstitutional, violates 5th amendment. No brutality. |
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Tenn V garner |
When officer is pursuing a fleeing suspect, the officer cannot use deadly force to prevent escape unless office has probable cause to believe the suspect poses a significant threat of death or injury to the officer or others. Violates 4th amendment without probable cause. |
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Misfeasance |
Fail to perform duty properly |
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Malfeasance |
Officer Performing an illegal act |
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Nonfeasance |
Officer failed to perform duty at all. |
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Broken windows theory |
Signs of disorder, such as a broken window, will cause more disorder, incentivise crime. |
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Probable cause |
Fair probability that contraband or evidence will be found. |
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Reasonable suspicion |
Specific facts or circumstances leading one to believe a crime may have or will occur |
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Beyond a reasonable doubt |
Moral certainty, leaving little doubt as to the guilt of a person |
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4th amendment |
Protected against unreasonable searches and seizures without a warrant. Needs probable cause. |
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5th amendment |
No person shall be twice out in jeopardy, not be compelled to be a witness against himself or be deprived of life, liberty, or property without die process. |
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6th amendment |
Right to a speedy and public trial by an impartial jury. Be informed of accusations...confronted with witness. Right to assistance of counsel. |
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14th amendment. |
No state shall abridge privileges of citizens, nor deprive person of LLP without die process nor deny. Equal protection of the law. |
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Miranda rights (under 4th amendment) |
Right against unreasonable searches and seizures Right against arrest without probable cause. |
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Miranda rights (under fifth amendment)
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Right against self incrimination Right against double jeopardy Right to due process of law
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Miranda rights (Under 6th amendment) |
Right to speedy trial Right to know charges Right to cross examined witness Right to a lawyer Right to compel witnesses on ones behalf. |
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Miranda rights (under 8th amendment) |
Right to reasonable trial Right against excessive fines Right against cruel and unusual punishments |
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Miranda right (under 14th amendment) |
Applicability of constitutional rights to all citizens, regardless of state law or procedure. |
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CA v acevedo |
Probable cause allows search of closed containers in trunk due to cars mobility. Maybe be overturned by judge. |
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New York V Belton |
Law enforcement has ability to search driver compartment and passenger as well. Extend the chimes rule to cars, meaning they can search the area within immediate reach of the person. |
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AZ v Grant |
Searches must be relevant to arrest or safety, or security of evidence. Once arrested, danger has passed and cannot search their car without probable cause. |
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Davis v US |
Davis secured and car searched. Police found gun, convicted of felony possession. Conviction stands due to good faith exception, no policy culpability. |
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Florida V Harris |
Dog find pills on first stop. No pills on a second stop.harros says dog unreliable. Court upholds conviction based on dogs training and record of reliability. |
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Florida V Jardins |
Dog sniffing the front door for PC. It is considered a search, and this needs a warrant, because the house is fixed, so no dog can be used. No mobility issue. |
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Florida V Bostick |
Warrantless suspicionless sweeps of public transport allowed of they ask permission to search, no cohersion, and do not make the search mandatory. |
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Title 19 |
Authorizes customs offices and other to do random searches of everything/everyone at designated checkpoints. |
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Clapper V amnesty international |
You can't sue the gov over secret surveillance because since it is secret, no one can prove his or her calls were intercepted. |
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Patriot act 2001 |
Made it easier to intercept many forms of electronic communication |
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Patriot act 2 2006 |
Made permenant 14 of the original provisions. Included the combat meth Act CMA |
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Patriot act 3 2011 |
Roving wiretaps. Passes extension of 3 provisions. Continued expansion of the Foreign intelligence surveillance act |
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Freedom act 2015 |
Ends bulk collection of all records telephone and internet. Continues days collection for "targets" and roving wiretaps for terror suspects. |
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US v Carrey |
The search of an apartment does not extend to the search of a computer. |
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US v Turner |
A warrantless search of a personal computer while in the defendants apartment exceeds the scope of his consent. |
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Miranda rights waiver |
Waiver can be done of it is voluntary , knowing, and intelligent. Silence not a waiver. |
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Miranda warnings |
Right to remain silent Anything you say will be used against you in a court of law You have a right to a lawyer and a lawyer present while being questioned Lawyer will be provided if you cannot afford one before questioning. If you answer questions now without a lawyer, you have right to stop answering at any time. |