Term
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Definition
| Without warrant, agents put recording device on outside of enclosed phone booth. The Court said Katz had a reasonable expectation of privacy in an enclosed phone booth, so this action violated the Fourth Amendment. |
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Term
| Papachristou v. City of Jacksonville (1971) |
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Definition
| Loitering ordinance struck down; Articulable suspicion: Suspicious "looks" are insufficient. |
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Term
| People v. Oliver (Mich. 2001) |
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Definition
| Adopted totality of circumstances for reasonableness of stop. Bank robbery; officer eliminated one escape route; reasoned suspects on foot would need getaway car; determined apartment complex would be ideal place to secrete vehicle; apartment close to bank; officer saw vehicle within 15 minutes of call; some vehicle occupants matched general description officer was given; driver went out of his way to avoid driving past bank; driver was overly cautious; occupants did not look at officer when they passed. |
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Term
| County of Riverside v. McLaughlin (1991) |
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Definition
| Judicial determination of probable cause necessary within 48 hours after arrest. |
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Term
Agular v. Texas (1964)
Spinelli v. U.S. (1969) |
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Definition
| Two-pronged test for issuance of warrant: (1) basis for knowledge, (2) basis for reliability |
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Term
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Definition
| Anonymous letter reported drug crimes. Suspects' movements matched those predicted in letter when police surveiled them. Aguilar-Spinelli test set aside in favor of Totality of the Circumstances Test for issuance of warrant |
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Term
| Atwater v. City of Lago Vista (2001) |
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Definition
| Arrest permitted for fine-only offense (Misdemeanor arrests not limited solely to "breach of the peace" misdemeanors) |
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Term
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Definition
| Entrapment: After he ordered non-porn material featuring young boys, over two-year period, agents repeatedly solicited defendant to buy child porn, sent him surveys asking about child porn laws, posed as "pen pal" seeking child porn. Court said this pattern of activity was entrapment. |
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Term
| Wilson v. Arkansas (1994) |
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Definition
| Defendant bought drugs from undercover informant. When executing search warrant, rather than knocking, announcing themselves, and waiting for a response, police knocked on screen door (inside door was open) and announced their presence at the same time they made entry. Knock-and-announce not a Fourth Amendment requirement, but rather an element of reasonableness in Fourth Amendment inquiry. |
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Term
| Richards v. Wisconsin (1997) |
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Definition
| Detective, posing as maintenance man and accompanied by uniformed officer, knocked on hotel room door in early morning. Upon seeing uniformed officer, defendant attempted to bar entry, but officers forced their way in. Entry ruled not unreasonable under circumstances, but blanket "no-knock" permission for drug investigations struck down. |
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Term
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Definition
| Hot pursuit and exigent circumstances: Cabbies heard shouts of "Holdup!", tailed robbery suspect and radioed their location to their dispatcher, who called police. Police arrived in time to see suspect fleeing into home, into which they pursued him, searched for and recovered evidence, and arrested him. Neither entry nor search violated Fourth Amendment |
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Term
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Definition
| Exclusionary Rule: Local police searched defendant's office and his home, seizing both gambling evidence and effects irrelevant to prosecution and turned them over to federal agents. Court ruled this search violated Fourth Amendment, announced Exclusionary Rule |
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Term
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Definition
| Warrantless search for abortion evidence (state prosecution). Court ruled this search violated the Fourth Amendment, but that the Amendment provided no remedy (Other remedies available: suit, police discipline, public disapproval, etc.) |
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Term
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Definition
| After Mapp refused them entry, police ostensibly seeking bombing evidence waved fake "warrant," discovered evidence of obscenity, for which Mapp was prosecuted. Exclusionary rule applied to states for first time. |
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Term
| Rochin v. California (1951) |
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Definition
| LA Co. Deputy warrantlessly entered Rochin's room, saw a couple of pills on his nightstand and asked, "Whose stuff is this?" whereupon Rochin put the pills in his mouth. A struggle was unsuccessful in dislodging the pills, and deputies took Rochin to a hospital and ordered a doctor to pump his stomach. They recovered the pills and tested them, finding they were morphine. Court ruled this method of evidence gathering "shocks the conscience." |
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Term
| Bivens v. Six Unknown BON Agents (1971) |
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Definition
| Burger criticisms of exclusionary rule: social costs, doesn't deter police, punishes prosecutors not police, doesn't educate police, punishes both flagrant and innocent violations, other remedies exist |
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Term
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Definition
| Wong Sun unsuccessfully sought to have voluntary confession suppressed because illegal search was in chain of events that led to him. |
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Term
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Definition
| Attenuation Factors: Voluntariness of confession (threshold issue), Miranda given, time between arrest and confession, intervening circumstances, purpose and flagrancy of official misconduct |
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Term
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Definition
| Independent Source: Suspecting drug activity, officers surveilled warehouse and saw two vehicles enter and leave. They stopped the vehicles and discovered drugs, then (without a warrant) looked into the warehouse, where they saw large quantities of marijuana. They made no mention of the warrantless entry in their warrant application, and the warrant was granted. Valid entry with warrant was independent of earlier, warrantless entry. |
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Term
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Definition
| Inevitable Discovery: Represented by counsel, defendant agreed to submit to custody some distance from where kidnapping and murder occurred. On return trip, officers gave "Christian burial" speech (officers not permitted to talk to him outside attorney's presence). Body not admitted in first trial. On retrial, body was admitted because prosecutor argued search was thorough enough it would have been discovered eventually anyway. |
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Term
| Harris v. New York (1971) |
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Definition
| Collateral Use Exception: Illegal interrogation; at trial, defendant made statements inconsistent with what he told police. While those statements could not be used to convict him, they could be used to impeach him by attacking his credibility. |
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Term
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Definition
| Exclusionary Rule Exception: Good-faith reliance on technically defective warrant |
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Term
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Definition
| Exclusionary Rule Exception: Good-faith reliance on statute that later is struck down |
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Term
| Illinois v. Rodriguez (1990) |
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Definition
| Exclusionary Rule Exception: Good-faith reliance on girlfriend's apparent consent to search defendant's premises, even though she no longer lived there and should not have had a key. |
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Term
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Definition
| Good-faith reliance on criminal justice system records (system showed defendant had warrant, even though he did not) |
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