4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularl
Weeks v. US
Facts: D was the subject of an illegal search conducted by a U.S. Marshall looking for evidence of illegal gambling, who had entered and searched his home without a warrant.
Rule: The Fourth Amendment forbids federal officers from obtaining evidence throu
Exclusionary Rule
The exclusionary rule prevents the introduction in criminal trials of evidence that was obtained by violating Defendant's Fourth Amendment rights. This is the most powerful remedy for Fourth Amendment violations.
ESCAPIST" WARRANT EXCEPTIONS
EC
SIA
CONSENT
AUTOMOBILES
PLAIN VIEW
INVENTORIES
SPECIAL - sobriety checkpoint, medical purpose,employee/ border search
TERRY STOP AND FRISK
Mapp v. Ohio
Facts: Police sought entrance to Ds house to look for a suspect in a bombing. The police eventually just entered the home without a warrant and found pornographic materials for which she later was criminally prosecuted.
Rule: All evidence obtained by unre
Standing
Asserting the Fourth Amendment is a personal right that is connected to a property or possessory interest for exclusionary rule purposes when your own protection has been infringed by the search and seizure.
Rakas v. Illinois
Facts: Defendants were merely passengers in a vehicle with the owner's permission. The police searched the car and found rifle shells and a sawed off shotgun which neither defendant owned.
Rule: To assert a 4th Amendment right the accused must have either
Minnesota v. Carter
Facts: (D) and his partner were in apartment of Thompson (the lessee), packaging cocaine into baggies. Ds were in apartment for short time, solely for the purpose of packaging cocaine.
Rule: Residential visitors in the home of a third-party for a short ti
REP
Two step process: (1) person must have exhibited an actual (subjective) expectation of privacy; and (2) society recognizes that expectation as reasonable (objective) - Katz, HARLAN concur
Subjective - manifest a desire to keep private the information unco
Katz v. US
Facts: FBI agents obtained evidence of D's conversations through a listening device attached to a public telephone without a search warrant.
Rule: The Fourth Amendment protects people, not places. Thus, it protects all communications that a person does no
US v. White
Facts: D and a government informant, Jackson, discussed several illegal drug transactions in Jackson's home, car and in a public restaurant while Jackson was wearing a listening device.
Rule: Individuals do not have a reasonable expectation of privacy in
Smith v. Maryland
Facts: After reporting a robbery to police, a woman began receiving threatening calls at her home. The woman identified a Monte Carlo she'd seen at the robbery that was traced to (D). The police requested a pen register to record the numbers dialed from S
California v. Ciralo
Facts: (D) was growing marijuana in his backyard and had taken steps to ensure they were not visible from the ground by building a 6-foot fence. Police received an anonymous tip, so police trained in marijuana identification secured a private plant and fl
Bond v. US
Facts: A Border Patrol Agent was checking the immigration status of bus passengers. The Agent was squeezing and prodding the exterior of the luggage of bus passengers to determine the contents when he noticed a "brick like" object in Bond's (D) luggage.
R
Kyllo v. US
Facts: Agents of the Dept. of Interior used a thermal imager to detect high amounts of hear from Kyllo's (D) home. Tips from informants, utility bills and the thermal imaging were used to obtain a warrant. The search uncovered an indoor growing operation
US v. Jones
Facts: After investigation of a nightclub owner, the government got a warrant for a GPS to be installed in 10 days in District of Columbia on Jones' (D) jeep. On the 11th day, agents installed the device in Maryland, tracked him for the next 28 days, and
Florida v. Jardines
Facts: Detective approached Jardines' (D) home due to unverified tip that marijuana was being grown. Detective brought Franky the dog whom detected narcotics by exhibiting "bracketing."
Rule: It is a violation to conduct an investigation on the curtilage
PC to Arrest
PC to arrest exists where the facts and circumstances within the officer's knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is
PC to Search
PC to search exists if the facts and circumstances within the officer's knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an item subject to seizure w
Possible Factors in evaluating PC
1. Source of the information
a. Reliability
b. Motive
c. Ability to observe
2. Method of obtaining information (eyewitness, rumor, hearsay, etc.)
3. Quantum of information
4. Quality of information
5. Timeliness of information
**if a reasonable person wit
Draper v. US
Facts: A federal narcotics agent received information from an informant that Draper (D) had gone to Chicago by train to retrieve heroin. The informant had been accurate and reliable in the past. Also, he gave detailed description of Draper (D), the clothe
Spinelli v. US
Facts: Spinelli (D) was observed for five days by the FBI under suspicion from a reliable confidential informant's tip that he was running an illegal gambling operation in Missouri.
Rule: Two prong test used by state courts to issue a warrant based on an
Illinois v. Gates
Facts: The police received an anonymous handwritten letter that alleged in detain that the Gates' (D) would travel to Florida regularly to purchase large quantities of drugs.
Rule: The test for informants is "totality of the circumstances" in Federal cour
Whren v. US
Facts: Police in plain clothes and unmarked car pulled a U-turn when they believed two African Americans in DC stopped at a stop sign for more than 20 seconds in a car with temporary plates were suspicious. The vehicle turned without signaling and sped of
Determining PC for Warrants
To Arrest
� Crime was or will be committed
� Person committed the crime
To Search
� Crime was or will be committed
� Evidence specified related to the crime
� That Evidence will be located in the place you intend to search
**need a reasonable belief for t
Johnson v. US
Facts: Seattle police learned from confidential informant that unknown persons were smoking opium in the Europe Hotel. The police told the woman while knocking on the door that she should "consider herself under arrest" so she let them in and they recover
US v. Watson
Facts: A reliable informant told a federal postal inspector that Watson (D) was dealing in stolen credit cards. At the next meeting, the inspector arrested Watson (D) without a warrant as authorized under 18 U.S.C. � 3061.
Rule: An officer with probable c
Atwater v. City of Lago Vista
Facts: Atwater (D) was arrested and taken to jail for violating Texas statute by failing to wear her seat belt, fasten her child in a seat belt, driving without a license and proof of insurance.
Rule: When an officer has probable cause to believe that an
Payton v. NY
Facts: After two days of investigating the murder of a gas station manager, New York detectives had assembled enough evidence to believe that Theodore Payton (D1) was the murderer. Subsequently, six officers went to Payton's (D1) apartment intending to ar
Steagald v. US
Facts: A confidential informant notified a DEA agent in Michigan about the potential whereabouts of Lyons, a federal fugitive wanted on drug charges. That DEA agent notified a fellow agent in Atlanta. In Atlanta, the DEA agent and other officers went to h
Grubbs v. US
Facts: Grubbs (D) purchased a videotape containing child pornography from a Web site operated by an undercover postal inspector. A controlled delivery was arranged and an anticipatory warrant was issued that could only be executed once the videotape was r
WILSON v. US
Facts: Wilson (D) made a series of narcotics sales to an informant. On December 30, Wilson (D) sold marijuana to informant at a local stole, produced a semiautomatic pistol and threatened the informant. The next day, police obtained warrants to search Wil
Chimel v. California
Chimel v. California, 89 S.Ct. 2034 (1969)
Facts: Police arrived at Chimel's (D) home with a warrant to arrest him for burglary because he was suspected to have burglarized a coin shop. Police searched Chimel's (D) home after he refused claiming they had
US v. Robinson
Facts: Police stopped Robinson (D) and arrested him on suspicion of driving without a license because they knew his license had been revoked which violates a statute carrying a mandatory minimum jail term, fine or both. The police performed a protective f
NY v. Belton
Facts: Police officer pulled over a speeding car. The officer learned none of the four men were the owners of the car, so he ordered them out of the car. The officer found a contained he believed to contain marijuana on the floor of the passenger seat. He
Arizona v. Gant
Facts: The police had reliable information that there was an outstanding arrest warrant for the arrest of Gant (D) for driving with a suspended license. The police came upon Gant (D) exiting his car in a driveway where they had just made a drug arrest. Th
EC
Two part test:
1. Must prove emergency/exigency (warranting immediate action)
2. Must have Probable Cause (sufficient information)
Types of Exigent Circumstances
� Officer or public safety
� Destruction of evidence
� Fleeing felon
Warden v. Hayden
Facts: Armed robber took $363 from Diamond Cab Company. Two cab drivers followed man to residence. He entered residence five minutes before police arrived. When officers arrived, they were allowed inside and conducted full search of home. They found guns,
Vale v. Louisiana
Facts: Officers were watching Vale's house because they had two warrants for his arrest when a car pulled up. Vale went to passenger side, then went inside and came back out a few minutes later, and gave something to the driver. The officers were convince
Vehicle and Container Searches
Cars - only need PC ?don't need a warrant and don't need exigent circumstances either
� They are considered an effect under the 4th Amendment
� If abandoned it may be searched
� Search exterior and interior seen from outside the car
� Stop and frisk with
The Automobile Exception vs. Search Incident to Arrest
(Two significant differences)
1. While the Belton rule requires the police to have probable cause to arrest an occupant of the car, the automobile exception is based solely on probable cause to believe there is contraband in the car and is not contingent
Chambers v. Maroney
Facts: Chambers (D) was charged with armed robbery. The police stopped a blue station wagon with four men and one wearing a green sweater that was seen leaving the scene of the crime. The occupants were arrested and police took the car to the station. The
U.S. v. Chadwick
Facts: Chadwick (D) and partner boarded train for Boston with a footlocker containing drugs. They were arrested lifting the footlocker into the trunk of a car. About an hour and a half after the arrest, the agents unlocked the footlocker without a warrant
Texas v. White
Facts: White (D) was arrested at a bank attempting to pass fraudulent checks. White (D) was arrested and one officer drove his car to the station. At the station, the officers searched the car without White's (D) consent. The officers found the fake check
California v. Carney
Facts: Police received information that a motor home occupied by Carney (D) was being used to exchange marijuana for sex. Police sent a youth into motor home for over an hour and youth emerged saying he received marijuana or sexual contact. Police then en
California v. Acevedo
Facts: The police were monitoring Daza's apartment because they knew he'd taken a package with marijuana into his home. As officers went to obtain a search warrant, Acevedo (D) entered Daza's apartment and emerged 10 minutes later with a bag. Acevedo (D)
Inventories
Administrative search that follows standard operating procedure (SOP) is OK under 4th Amendment
� Administration with purpose other than a crime ? safety for public, jail or police
Places where inventory search are often conducted ? DUI checkpoint, Car is
South Dakota v. Opperman
Facts: Local ordinances prohibit parking in certain areas from 2 am to 6 am. Opperman (D) received a parking ticket at 3 am and 10 am. D's car was towed to city impound. Following, standard police procedures, the officer collected the property in the car
Consent
(1) Voluntary; (2) Knowing (intent); (3) Without Coercion
� "Totality of the circumstances" test
� No probable cause requirement
Schnecklothe v. Bustamonte
Facts: A police officer stopped a car because its headlight and license plate light were out. The driver, Alcala, couldn't produce a license, so the officer asked to search the car she claimed was owned by her brother. She said, "Sure, go ahead." Alcala o
US v. Matlock
Facts: Matlock (D) was indicted for robbery of a federally insured bank and was arrested in the front yard of his home. Matlock lived in the home with the owners and their children, including Mrs. Gayle Graff and her son. The officers received voluntary c
Georgia v. Randolph
Facts: When police responded to a domestic disturbance , the wife told officers there was drug evidence in the house. Randolph (D), her husband, refused to let the officers search. The wife gave consent and led the officers to evidence. The officers got a
Illinois v. Rodriguez
Facts: Police went to Gail Fischer's home and she showed signs of severe beating. She led police to Rodriguez (D) in his apartment, unlocked the door with her key and let them in. She repeatedly referred to the apartment as "our" apartment and told police
Plainview
1. The cop must be lawfully located in a place where he ought to be
2. Readily apparent from where cop is located
a. If it requires asportation (movement), however slightly, it's not in plain view
Horton v. California
Facts: Police suspected Horton (D) of armed robbery. They requested a warrant to search his home for weapons used in the crime and the fruits of the robbery. The warrant failed to mention the weapons. The officers conducting the search didn't find the sto
Arizona v. Hicks
Facts: A bullet when through the floor of Hick's (D) apartment and injured a man in the apartment below. While searching Hick's (D) apartment for the shooter, weapons or other victims, the police officer noticed an expensive stereo he suspected was stolen
Terry v. Ohio
Facts: An officer saw Terry (D) and two other men "casing" a store for a potential robbery. The officer approached the men and performed a quick search before questioning. A quick frisking of Terry (D) produced a concealed weapon which D was then later ch
Dunaway v. NY
Facts: The owner of a pizza parlor was killed during an attempted robbery. An informant's tip implicated Dunaway (D) a few months later, but not enough to get a warrant. Police took Dunaway (D) into custody at the police station. He wasn't under arrest, b
US v. Mendenhall
Facts: DEA agents at an airport believed Mendenhall (D) fit a "drug courier profile." They approached her and asked for her ticket and ID. The ticket was under a different name. She was asked to accompany them to an office for further questioning. She did
Factors to determine seizure vs. voluntary encounter
� Threatening presence of several officers
� Display of weapons by an officer
� Some physical touching of the person detained
� Use of language or tone of voice indicating that compliance might be compelled
Florida v. Bostick
Facts: Police officers were conducting a routine procedure of boarding buses at scheduled stops to search luggage. Officers boarded a bus on route to Atlanta from Miami and discovered cocaine when they searched a suitcase belonging to Bostick (D). Police
California v. Hodari
Facts: A group of kids were hovered around a car and they all fled when they saw the police approaching. Hodari (D), a juvenile, was being chased by a police officer when he tossed away what appeared to be a small rock, before he was tackled and handcuffe
Michigan v. Long
Facts: Two officers were on patrol in a rural area around midnight when they observed a car travelling erratically at an excessive speed. The car swerved off into a shallow ditch. When the officers investigated, they met Long (D) who was at the rear of th
Ashcraft v. Tennessee
Facts: Ashcraft (D) was charged with hiring a negro to kill his wife. The police conducted investigations and conferred with Ashcraft (D) the next few weeks. Eventually, Ashcraft (D) was taken into custody on the fifth floor of the county jail and questio
Spano v. NY
Facts: After Spano (D) was beaten in a barroom fight with a former pro boxer, he later obtained a gun and killed him. Spano (D) called his friend Bruno who was attending the police academy to tell him he wasn't thinking clearly and killed a man. Spano (D)
Colorado v. Connelly
Facts: Connelly (D) approached an officer without any provocation and confessed to a murder. The cop informed him of his Miranda rights and Connelly (D) said he understood. Connelly (D0 had received medical treatment in the past, but seemed to fully under
Stovall v. Deno
Facts: An intruder broke into the home of Dr. and Mrs. Behrendt, killing Dr. Behrendt and stabbing Mrs. Behrendt eleven times. Recovering a shirt and a set of keys from the scene, police traced the evidence to Stovall (D) and arrested him. The next day, S
Manson v. Brathwaithe
Facts: Glover, an undercover narcotics agent, and informant went to an apartment to buy drugs. Glover described the seller to another agent. Based on the description, the agent retrieved a file photograph of Brathwaite (D) and left it in Glover's office.
Miranda v. Arizona
Rule: No statements obtained during a custodial interrogation, whether exculpatory or inculpatory, may be used against the defendant at trial unless the prosecution proves that the accused was advised (1) of the right to remain silent, (2) that any statem
3 ways to keep a confession out - PASI
1. 5th Amendment & Miranda
2. 6th Amendment
3. Voluntariness - 5th Amendment Due Process Right
PASI
� Original intent was to avoid:
o Star chamber inquisitions
o The trilemma of self-accusation, contempt, and perjury
What Does PASI protect?
� Testimonial or communicative conduct
o Responses that are factual or disclose information
o Includes verbal and
5th Amendment and Miranda
� "No person ... shall be compelled in any criminal case to be a witness against himself"
� Procedural safeguards established in Miranda v. Arizona
� Purpose: to provide suspects protection against the inherently coercive environment of police-dominated i
Berkemer v. McCarty
Facts:
Rule: A person is "in custody" if a reasonable person who has been identified by law enforcement officers would, in light of the circumstances of the detention, believe that his freedom of action had been curtailed to a "degree associated with form
Illinois v. Perkins
Facts: Perkins (D) tells fellow inmate of murder. Inmate tells police. Officer and inmate placed in cell next to Perkins (D). The three gather to "plan" escape. Officer asks Perkins (D) if he had ever "done" anyone? Perkins describes earlier murder in det
6th Amendment
� Purpose: To provide an accused the assistance of counsel at all critical points in the criminal prosecution against him
� Right attaches at indictment
� The right to counsel for the 6th Amendment is distinct from the 5th Amendment
� 6th Amendment is off
Effect of Invoking Right
� Right to remain silent (5th Amend.)
� Stop questioning immediately
o The right must be scrupulously honored, BUT
� Suspect only gets a temporary respite
� Then, investigators may reinitiate
� U.S. v. Watkins - 2 hours found sufficient
o Suspect may alwa
Waiver
� Burden on the State to prove any waiver was:
o Knowing and intelligent
o Voluntary
� Preponderance of the evidence
� Implied waiver:
o Express waiver preferred
o Proof of the waiver by evidence other than the accused's own expression
� Waiver if accused
Voluntariness
� Confession must be the product of essentially free and unconstrained choice by the maker
� Involuntary if:
o Will is overborne and
o Capacity for self0determination critically impaired
� Totality of the circumstances
o Age, education, and intelligence o
Wong Sun v. US
Facts: At 2:00 a.m., police arrested Hom Way, who was found with heroin in his possession. Hom Way had been under surveillance by federal narcotics agents for six weeks. Hom Way told police that he had purchased an ounce of heroin the night before from so
How to Establish Attenuation of the Taint
� Attenuation of a causal connection is a matter of degree that depends upon the totality of the circumstances.
� Evidence must be derived by means that are "sufficiently distinguishable."
o In Wong Sun, the amount of time and the fact he made a free, con
Brown v. Illinois
Rule: Miranda warning do not, in and of themselves, cure a Fourth Amendment violation. In order to break the causal chain between the illegal arrest and the subsequent confession and thus purge the taint, there must be an intervening act of free will.
Oregon v. Elstad
Rule: Although Miranda requires the suppression of an un-warned admission, the admission of any subsequent statement turns solely on whether it was knowingly and voluntarily made.
Hudson v. Michigan
Rule: The exclusionary rule does not apply to suppress evidence obtained through a violation of the knock-and-announce rule.
Independent Source
� All of the evidence found prior to the constitutional violation is fair game
� Any evidence found after the constitutional violation would be fruit of the poisonous tree
� Can build a "Chinese Wall" and give the information of all the evidence before th
Inevitable Discovery
� They never had or used the information to poison the fruit
� They simply would have found the evidence regardless of whether or not the constitutional violation occurred
� For example, imagine two teams of cops found the same evidence ? one had a consti
Good Faith Exception
� Basically, just the cops made a mistake
o This doctrine is set up to allow a cop to make an honest mistake and still admit the evidence at trial
o Was it an honest mistake or did he do it on purpose?
� Acting in good faith and receives a warrant from a
Impeachment Exception
� Only concerned with a defendant at trial
o When the D lies and it is based on a constitutional violation
� If the D lies and the only reason he was able to make that lie was because the judge has excluded evidence that proves that the lie exists
� You c
Course in Miniature
� Ask if it is clients/suspects rights?
� If yes, then was the right violated?
� 4th, 5th, 6th, 5thDP, must be constitutional violation; if a statute it must have a suppression cause.
� You can only suppress what's in your tree. You can't object to it if
What is required for Plainview?
� Authorized to be in the location where the property is located and the cops must have lawful access to the property
o Ex./ if person in home cracks open the door, the cop cannot push open the door and see the incriminating evidence ? not authorized to b
4th Amendment Review
4th Amendment - think of 4 categories
� Rights of the people to be secure
� Secure of the person, property, house and papers
� Against unreasonable search and seizure
� Warrant
Broad 4th Amendment Template
(1) Who does the Amendment apply to? ? standing
(
Reasonable Suspicion Factors
� Location
� Time of day
� Behavior of the individual
� Clothing?
� Known criminal associates?
� Age
� Gender?
� Race?
� Demeanor of cops and what they were wearing/doing
**Objective and subjective interpretation of what the COP thinks and should think
**
4th Amendment 2 part test
(1) unreasonable search and seizure even if there is not a warrant and
(2) Warrant - when the warrant was issued, did the Magistrate have probable cause to authorize that warrant (what did the Magistrate know and what information was provided to him) - al
Warrantless Searches ? the following make the search OK
(1) Consent - by individual or spouse (shared privacy) all are found admissible
(2) Exigent circumstances - emergency search - 2 part test
a. Must prove emergency/exigency
b. And must have probable cause
(3) Plainview - you can search anything you see as
5th Amendment - DP and right not to self-incriminate
Due Process Approach
(1) Proof of coercion difficulties
(2) Inherently coercive atmosphere
(3) Rule that allows D's out of court statements to be used at trial
(4) Fragile D (usually children)
(5) Police overreaching
Analytical Template
� Is government conduct involved
� Is there a search/seizure? (Reasonable expectation of privacy - Katz; trespassory - Jones)
� Is there probable cause to arrest./search?
o Define PC
o Identify the evidence that supports it ? how much evidence is needed
o
Car Warrant Exception
� Still need PC
� Automobile includes any readily mobile vehicle that can move on its own power, even a motor home
� Automobile is subject tos each if it is on the highway, a public place ...
Terry Stops
Liberty ? PC ? Arrest
(1) Reasonable suspicion of the officer
(2) Stop and frisk
(3) The first two generate probable cause
(4) Then arrest
(5) Then trial
**this allows law enforcement to intrude into zone of privacy
**allowed for the safety concerns of th
Questions for Warrant (and Possibly PC) Exception
� What is the underlying rationale for the exception
� What must be shown to invoke the exception?
� What is the scope of authority confessed by the exception?
PC
PC to arrest
� Facts and circumstances within the cops knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed by
knock and announce
exclusionary rule does not apply to knock and announce violations
Spinelli v. US
2 prong test - informants
� Is there an adequate basis of knowledge of informant
� Do facts establish either -
o Veracity of information -OR-
o Reliability of the informant
**test still used by state courts
**difficult to prove with an informant that you
Illinois v. Gates
� Reliability of the informant determined by the totality of the circumstances
� This test is inherently flexible and allows the use of hearsay if it can be established to be reliable
� This is the Federal law, but still argue Aguilar-Spinelli for state c
Mapp v. Ohio
Exclusionary rule applies to states
Arrest Warrant Exception
Watson - Felony Arrest in public place
NEED search warrant
Steagald - looking for arrest warrant subject in 3rd party's home without obtaining search warrant for 3rd party home
knock and announce
Wilson v. Arkansas
difference between katz and white
white - info came from person, katz - listening device
Cops ask to come in, husband says no and wife says yes, both at home ->
consent is not valid
-Don't have to ask both if both aren't in the home, if only ask one and that person says yes then search is valid, even if the other would have said no
-If ask both or both in the house, both have to say yes for search to be valid
Mat
KIDS - connelly
can let cops in, access to bedroom, normally in there, etc, just have to ask if they are allowed in mom/dad's room. if kid lies, doesn't matter, as long as cop asked.
2. Big issue--> coercion by show of authority?
a. More concerned by coercion by psycholo
drone - aerial space
Cirallo
Is there govt action with the use of the drone?
Flies where it isn't supposed is there reasonable expectation of privacy? Use cirallo, open fields, kilo
Can the evidence retrieved by this drone be used?
Lack of probable cause?
Chimel
wingspan rule
3 ways to exclude confessions
involuntariness, violate 6th amendment right to counsel, violate 5th amendment - Miranda
Exclusionary Rule Exceptions
Good Faith
-independent source
-inevitable discovery
-attenuation of the taint
-impeachment
PC exceptions
Consent
SIA
terry stop and frisk
apprehension
inspection
border search
inventory
sobriety check
employee search
medical purpose