Which 3 cases deal with RICO?
1. US vs. James Daniel Good
2. Reves vs. Ernst and Young
3. US vs. Buena Vista Avenue
civil forfeitures under RICO are NOT AUTOMATIC; they require a separate civil proceeding -- preponderance level 51%
US vs. James Daniel Good
liability under RICO requires some PRIMARY PARTICIPATION in the operation and management of the criminal enterprise (only those involved)
Reves vs. Ernst and Youn
assets forfeited under RICO are limited to those that were gained from and/or used in the criminal enterprise (if you bought your property with tainted dollars they can be taken away)
US vs. Buena Vista Avenue
which cases deal with no warrant, but include reasonable suspicion?
1. Terry vs. Ohio
2. Us vs. Hensley
a stop and frisk search may be conducted when there is reasonable suspicion to believe that an individual IS NOW OR IS ABOUT TO engage in criminal behavior; usually looking for weapons; PRESENT/FUTURE TENSE
Terry vs. Ohio
a stop and frisk search may be performed when there is reasonable suspicion that the offender has violated the law; PAST TENSE
US vs. Hensley
what is the "pre-eminent public" ?
-now allow searches more often
-public safety over individual liberty/rights
-crime control
what court cases deal with no warrants but need reasonable suspicion?
1. US vs. Sokolow
2. New Jersey vs. TLO
3. Florida vs. Royer
an investigatory search may be conducted if the totality of the circumstances establishes reasonable suspicion to believe that a person matches the drug courier profile
US vs. Sokolow
reasonable suspicion is the standard to be used by public school officials to conduct searches on public school grounds of individuals who may be violating either the law or the school rules
New Jersey vs. TLO
reasonable suspicion can be used as the basis for investigation searches and seizures in situations involving PRE-EMINENT PUBLIC INTEREST; specifically, reasonable suspicion is the standard to be used to allow investigatory searches of individuals (passen
Florida vs. Royer
what are the four categories of search?
1. searches with warrants
2. searches without warrants but with probable cause
3. searches without warrants, but with reasonable suspicion (pre-eminent public interest situations)
4. searches without warrant and without cause (arbitrary searches, pragmati
when do searches with no cause and no warrants apply?
-custom inspections (airport, postal)
-border patrol
-jails/prisons
-military bases
-government vehicles
-trash cans
-open fields and barns
-aerial searches
California vs. Greenwood
garbage container outside of the curtilage of the home are considered abandoned and may be searched without a warrant and without cause
US vs. Dunn
no specific cases nor a search warrant is needed to search either open fields or non-habitable buildings
California vs. Hodari D
evidence discarded by an individual fleeing from the police is admissible in court, even if the police had no advance cause to focus attention upon the person who discarded the material
what does Miranda vs Arizona say?
must be informed of their basic rights at the point of arrest, particularly THE RIGHT TO REMAIN SILENT, AND THE RIGHT TO HAVE COUNSEL PRESENT during any interrogations
what are the 2 prongs of Miranda vs. Arizona that must be met in order for confessions to be admitted in court?
1. voluntariness - no beating
2. awareness - the act of them actually reading your rights (you can't be passed out when they read them)